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Copyright iY’ . 


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^anfcbooft of Canon &ato 


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an Eifffitg Efsttfato 


j|antiboofe 

of 

Canon Cato 


FOR CONGREGATIONS 
OF WOMEN UNDER 
SIMPLE VOWS 


BY J 

D. I. LANSLOTS, O.S.B. 

n 



TENTH EDITION 

REVISED AND ENLARGED TO CONFORM WITH 
THE NEW CODE OF CANON LAW 


Jf wDerictt pustetCo.,3nc.,p ubltg&etg 

potk * » Cincinnati 
1922 
























^"k'4-SUX^ 


• l* "3 



ffttyil flDtwtat* 

ERNESTUS HELMSTETTER, O.S.B. 

Preses Congregations Americano Cassinensis. 


flDbptat* 

ARTHUR J. SCANLAN, D.D. 


Censor. 


imprimatur* 

* PATRICK J. HAYES, D.D. 

Archbishop of New York. 



New York, August 4,1922 


Copyright, 1922 


BY 


FR. PUSTET CO., (Inc.) 
New York and Cincinnati. 



OCT -2 '22 


* 


«w £ ■'V'* 



PREFACE 

RELIGIOUS communities are the chosen 'portion of 
the fold of Christ; in them Christian virtue and 
evangelical perfection should shine forth in all their 
splendor. The Church has at various times adopted 
suitable measures to enable them to continue on that 
high plane. The multitude of laws and regulations 
affecting them became, however, in course of time, a 
source of doubts and difficulties. It was above all neces¬ 
sary for the preservation of order and harmony, which 
must prevail in every society, that the authority of the 
Superiors of the congregations and that of the Bishops 
over them should be well defined. In order to respect 
each other's rights both should know the law. 

In order to prevent all future conflict, Pope Leo XIII 
promulgated on December 8, 1900, the constitution, 
<( Conditce a Christo,” in which he determined on the 
one hand the rights of the Bishop in regard to institu¬ 
tions of simple vows, whether diocesan or non-diocesan, 
and on the other hand, the rights and duties of Superiors 
5 




6 


IPttiatt 


towards the diocesan authority. This document of the 
greatest importance fixed the canonical legislation as 
applying to congregations of simple vows, hut only in 
its main outlines, and needed a supplement to regu¬ 
late the details of a practical organization. This 
supplement was found in the “Normae” or rules 
which the Sacred Congregation of Regulars was wont 
to follow in the approbation of new congregations of 
simple vows. It was a code of 325 articles describ¬ 
ing with precision the pattern according to which 
constitutions had to be framed. The “Normae” 
strictly speaking concerned only those congregations 
which would apply to the Congregation of Regulars 
for the approbation of their constitutions. They 
had no retrospective effect for congregations already 
approved, and in themselves they were not laws. 
They manifested, however, the wishes* and recom¬ 
mendations of the Sacred Congregation. The Sacred 
Congregation has no intention of imposing absolute 
uniformity on all new congregations, as this would 
destroy their varied usefulness. But religious life 
is substantially the same for all, and therefore the 
various constitutions will practically resemble each 
other . 

Although written for congregations of women, the 
“Handbook” applies also to congregations of 




Preface 


7 


brothers with simple vows, with the exception of the 
articles concerning postulants, examination of can¬ 
didates by the Bishop before taking the habit and 
before profession, dowry, the dwelling of the chap¬ 
lain, the presidency of the Bishop at the general 
chapter. 

This edition has been thoroughly revised according 
to the new Codex of Canon Law, which came into 
force on Pentecost 1918. The whole of the Second 
part of the Second Book — 195 canons — is devoted 
to Religious, that important part of the membership 
of the Church. The new Codex provides that in all 
cases, in which the former legislation is contrary to 
its canons, it is abrogated; when it is not, the former 
legislation remains in force. The text of the Consti¬ 
tutions of all approved Congregations must be corrected 
according to the prescriptions of the new Codex. To 
avoid all inconvenience in a matter of such impor¬ 
tance, the Sacred Congregation of Religious by its 
Decree of 26 June, 1918, orders that the corrected 
text shall be submitted to its examinations. All ap¬ 
proved Congregations, as also all societies of men 
and women, without public vows, can conveniently 
do so, when they send the report about the state of 
their congregations to the Holy See, as prescribed by 
Canon 510; that is, the fifth year from the last re- 




8 


preface 


port, unless the approved constitutions should re¬ 
quire a period of less than five years. For the purpose 
of examination some copies of the constitutions 
should he sent together with the necessary corrections. 
The “Normae,” upon which the “Handbook” chiefly 
rested, were partly superseded by a code of new regu¬ 
lations under the old name. These new regulations 
were approved by H. H. Pope Benedict XV March 
6, 1921. The dispositions contained therein re¬ 
place the first section of the old “Normae.” The S. 
Congregation declares that there seems to be no fur¬ 
ther need of the second section, as writers of Consti¬ 
tutions must now conform to the canons concerning 
religious, and may consult learned authors. The 
purpose of the new “Normae ” is the same as of the 
former, viz: 1°, to offer a sure guide explaining all 
that is necessary in order to obtain approval of new 
religious Congregations and of their Constitutions, 
and 2°, in order that local Ordinaries, and religious 
Superiors may know what documents and proofs to 
forward to the S. Congregation to enable it to pass 
with more ease and quickly upon the Constitutions. 
When we quote the “ Normae,” we refer to those of 
March 6, 1921. 

This new edition contains all the necessary pre¬ 
scriptions of the Codex and of the new “Normae” to- 




8a 


^retate 


gether with the latest decrees of the S. Congregation. 

As the laws of the church are made to be observed, 
religious should know them. The non-fulfilment of 
the law on the part of Superiors as well as of inferiors 
would be inexcusable when culpable ignorance is the 
cause of transgression. All should be properly in¬ 
formed about their respective duties. A “ Hand¬ 
book,” therefore, such as this, should be at the 
command of every member. 

D. I. Lanslots, O.S.B. 

St. Anselm’s 
673 Tinton Ave., 

N. Y. City. 

















BOOK I 

Foundation — Approbation of Congrega¬ 
tions with Simple Vows and of their 
Constitutions and their Suppression 

CHAPTER I 

PRELIMINARY 

Art. I. Meaning of the Words: State, Order, Congre¬ 
gation or Institute, Rule and Constitutions 

1. By religious state is understood (Canon 487) the 
firmly established manner of living in community, 
by which the faithful undertake to observe, not 
only the ordinary precepts but also the evangelical 
counsels, by means of the vows of obedience, 
chastity and poverty. 

By Order we understand every Institute, whose 
members make profession of solemn vows. 

By Congregation or Institution we understand 
an association of pious persons, who wish to tend to 
9 



io I. 25 oofe, jfountmtion—Approbation 


perfection by the practice of the three simple vows, 
whether temporary or perpetual, of poverty, chas¬ 
tity and obedience. 

2. The word rule in the canonical sense designates 
a guide of life according to evangelical perfection, 
imposed on religious in order that by it they may 
tend more efficaciously in every-day life to the 
purpose of their calling. 

Four rules only have been recognized as such by 
the church, viz.: the rules of St. Basil, of St. Augus¬ 
tine, of St. Benedict, and of St. Francis of Assisi. 
Constitutions , on the contrary, mean a code of laws 
or prescriptions, which govern a congregation and 
determine its action. On various occasions the 
Sacred Congregation of Regulars has declared that 
in new congregations no distinction could be made 
between rules and constitutions; while we know, 
on the other hand, that other rules have been 
approved by the Holy See, and even the name of 
rule applied to certain constitutions. 


Art. II. Different Classes of Congregations with 
Simple Vows 

3. There are two classes of congregations with 
simple vows: 



I. Cfmp. Preliminary 


11 


1°. Congregations of pontifical right, as the new 
Codex calls them, are congregations which have 
obtained approbation, or at least the decree of praise 
from the Holy See; in this Handbook they will be 
called Approved Congregations , 

2°. Congregations of diocesan right are those 
that are founded by the Ordinaries and have not 
yet obtained the decree of praise from the Holy See; 
in this Handbook they are called Diocesan Congrega¬ 
tions. 





CHAPTER II 

FOUNDATION—APPROBATION—EXTENSION TO OTHER 
DIOCESES AND SUPPRESSION OF A DIOCESAN CON¬ 
GREGATION 

Art. I. Foundation and Approbation of a Congre¬ 
gation 

4. The Bishop is the first Superior of all the houses 
of a diocesan congregation, established in his diocese. 

This is the fundamental principle of canonical 
legislation governing these congregations, whether 
they have been founded by the Bishop or by others. 

5. Whenever a Bishop has convinced himself of 
the advisability of founding a new Congregation of 
simple vows, he must first of all approach the S. Con¬ 
gregation of Religious, with distinct information as 
to what is necessary, in order that the S. Congrega¬ 
tion may form an exact idea as to the opportunity of 
a new foundation. (N. 3.) 

6. With his request for permission to found a new 
Congregation, the Bishop must at the same time fur- 

12 



n. c&ap. JFounHatton 


13 


nish information on the following points: Who is the 
founder of the new Congregation, what is her moral 
standing, and what are the motives leading to the new 
foundation; what shall be the title or name by which 
the new Congregation shall be known; what is the 
form, color, material of the dress to be worn by novices 
and professed; to what and to how many different 
works shall it be devoted; by what means does it 
expect to be supported; whether there are similar 
congregations in the diocese and what are their oc¬ 
cupations. (N. 4.) 

After having obtained the necessary permission 
the Bishop may authorize the new Congregation, 
with the proviso that, whatever concerning habit, 
title, purpose, etc., may have been recognized by 
the S. Congregation, shall be in force, and that 
no changes shall be made therein without its 
previous consent. The Bishop will then proceed 
to frame the constitutions. Without at least 
episcopal approbation, no institution with a re¬ 
ligious purpose could share the privileges of the 
church. Before giving his approval to the con¬ 
stitutions, the Bishop must submit them to a 
close examination. They must contain nothing 
contrary to faith, such as devotions condemned 
by the Holy See or sound theology; to morals, 
such as works which are not proper to religious 



14 i. 3ook. jFounbatton—Approbation 


women, and of which we treat later on; to the 
sacred canons or decrees of the Holy See, such as 
excess of authority to Superiors, manifestation of 
conscience, etc. 

7. The Bishop, in as far as possible, instead of 
founding a new congregation, might call into service, 
when needed, a congregation already approved, and 
serving an analogous purpose. 

The Holy See has on different occasions ex¬ 
pressed its wishes in this respect. By joining a 
congregation already existing, the new founda¬ 
tion will have a sufficient membership, and be 
stronger and more durable; it can borrow its 
constitutions, its customs, its discipline, its ex¬ 
perience, and avoid the stumbling blocks common 
to all new institutions. 

8. Excepting perhaps in missionary countries, no 
congregation should, properly speaking, be approved, 
which, having no fixed and special purpose, proposes 
to devote itself indiscriminately to all kinds of works 
of piety or charity, however different they may be. 
(N. 13.) 

This prescription of canon law applies to the 
secondary and varying purpose of each institu¬ 
tion; the principal end, viz., personal sanctifi- 




n. C&ap. ifountmtion 


15 


cation of the members by the practice of the 
evangelical counsels, is identical in all institu¬ 
tions. 

9. The Bishop should not allow a new congre¬ 
gation to be founded when there is no assurance of 
the necessary revenues for the subsistence of its 
members. (Canon 496.) 

These revenues may be derived either from the 
works to which the institution devotes itself, or 
from foundations and donations or from the 
dowry of the religious. The average of the in¬ 
come should generally be sufficient. This pre¬ 
scription does not treat of the necessary resources 
of a charitable institution about to be founded; 
it will be the duty of the faithful to provide the 
means. 

10. Most cautious procedure is required in approv¬ 
ing new Congregations, which would only be supported 
by alms and door to door collections. (N. 14.) 

The Church does not condemn the old mendi¬ 
cant orders, but warns all new institutions against 
the ever increasing difficulties of the times; the 
charity of many has cooled. This does not apply 
to collecting for good works. For whatever pur¬ 
pose, however, collections are made, the prescrip- 




16 i. ®oofe. jf0un&ati0n-&ppt0batfon 


tions of the decree “Singulari quidem” of March 
27, 1896, are obligatory. 

The S. Congregation calls the attention of all 
approved Congregations to the faithful observ¬ 
ance of Canons 622, 623 and 624. Approved 
Congregations are forbidden to beg alms, with¬ 
out a special permission of the Holy See, and 
then only Sisters of mature age and excellent 
conduct can be sent out. Sisters of diocesan 
Congregations require the written consent of the 
local Ordinary, and of the Ordinary of the place 
where they would collect. 

11. Not easily will new Congregations, especially 
with perpetual vows, be approved, that propose to 
help day and night the sick of both sexes at their 
homes, or undertake daily domestic service at the 
homes of the poor or of the laboring class. (N. 15). 

The S. Congregation does not absolutely for¬ 
bid similar Congregations, but insists that if ever 
approval for good reasons is given to such, the 
Constitutions must prescribe prudent conditions 
and safeguards, to free the Sisters from danger. 

12. The S. Congregation will not easily approve 
congregations, having for special purpose, to provide 
in their houses health resorts or board and lodging 
to both sexes. (N. 16.) 




II. Cfjap. jfountmtion 


17 


A religious house is not a hotel. The S. Congre¬ 
gation does not forbid to receive occasionally 
pilgrims, or to give hospitality to friends of the 
institution or other well recommended persons. 

Only good and solid reasons would induce the 
S. Congregation to approve of asylums for priests 
in these houses; or to approve of Sisters teaching 
in boys’ schools, or in mixed schools, in which 
both boys and girls are co-educated. 

13. The establishment of noviciates does not require 
the consent of Rome. 

Diocesan congregations are under the exclusive 
control of the Bishops. Recourse to the Holy 
See for permission to open a noviciate is required 
only for congregations approved by it. 

14. Rights which episcopal approbation confers. 

1°. Episcopal approbation makes of a new 
institution a spiritual society and gives it an 
ecclesiastical existence, which confers upon it the 
rights of ecclesiastical establishments and renders 
it capable, as a body, of possessing temporalities; 
it may then, according to canon law, sue and be 
sued. 2°. Houses so formed become religious 
places, subject to canon law in as far as adminis¬ 
tration and canonical visitation are concerned. 




18 I. Eoofc. JFottnbatfon-Approbation 


3°. Without being religious in the canonical 
sense, and without sharing the privileges of re¬ 
ligious orders with solemn vows, the members of 
these institutions become ecclesiastical persons , 
and partake of the privileges granted to these. 
4°. They are in the religious state, but are not 
subject to the effects of the laws imposed on 
strictly religious orders or regulars. 5°. The 
Bishop may confer upon them for a just and 
grave cause (Canon 464) an exemption more or 
less complete. 

Art. II. Expansion of a Diocesan Congregation 
into Various Dioceses 

15. Every foundation in another diocese requires 
the consent of both Bishops concerned; of the dio¬ 
cese, in which the house making the new founda¬ 
tion is located, and of the place in which the new 
foundation is to be made. (Canon 495.) 

The two Bishops must arrange with each other 
the conditions of existence of the new foundation 
and also of the relations to be kept with the 
mother-house. Without a serious reason the first 
Bishop should not deny his consent to the new 
foundation. For the new establishments the Su¬ 
perior General has a right to visit them, to trans- 





ii. C&ap. jfountiation 


19 


fer members, and see to the exterior discipline, 
etc., provided the Bishop has not curtailed her 
authority at the time of the new foundation. 

16. In the event of a diocesan congregation spread¬ 
ing to other dioceses, nothing may be changed in its 
nature and constitutions but with the consent of all 
the Bishops in whose dioceses the congregation 
exists. (Canon 496.) 

Formerly each Bishop had a right to allow 
changes within the limits of his diocese. The 
situation, however, was abnormal. To obviate 
the serious inconveniences of this abnormal con¬ 
dition, the Holy See demands that all the Bishops 
concerned should agree, the deviation from the 
purpose assigned to a congregation becoming 
thereby a practical impossibility. If the congre¬ 
gation is limited to one diocese, the Bishop may 
at any time, for grave reasons, modify it and its 
constitutions. 

Art. III. Suppression of a Diocesan Congregation 

17. A diocesan congregation, once lawfully founded, 
although consisting of one house, cannot be sup¬ 
pressed, except by the Holy See. (Canon 493.) 

Suppression is an extreme measure and re¬ 
quires urgent reasons. The following are some 




20 I. 25oofe. JFotnttiatfon—Approbation 


of the reasons justifying the action: great relax¬ 
ation of discipline, impossibility to carry out the 
works, for which the congregation was instituted, 
a bad financial administration, etc. All other 
means suggested by prudence should be first re¬ 
sorted to. The new Codex has modified the 
former legislation. It still leaves the authority to 
the Ordinaries (Canon 498) to suppress a house, 
after having heard the General of the congregation, 
but restricts their authority in the following man¬ 
ner. If the house constitutes the whole congre¬ 
gation, the Holy See alone can suppress it. More¬ 
over, the order of suppression of even one house 
could not take effect pending an appeal, if one 
were lodged with the Holy See against their 
decision. 

18. Conclusions. 

From the suppression of a diocesan congrega¬ 
tion or of one of its establishments result the 
following consequences: 1°. With regard to the 
members of the institution: The religious of a 
house so suppressed, if the congregation possesses 
any other establishments, are probably obliged 
to join them and continue community life. If 
the whole congregation is suppressed, they are 




n. Cimp. foundation 


21 


dispensed from their vows, except that the Holy 
See would decree otherwise about the vow of 
perpetual chastity in the act of suppression. 
2°. i With regard to the property of the institution: 
This property is church property; by suppres¬ 
sion of the congregation it becomes vacant ac¬ 
cording to canon law. The religious do not 
possess it as partners or individual proprietors, 
who, in case of dissolution of partnership, would 
have a right to their equal share; the congrega¬ 
tion is the proprietor. After suppression, the 
property is placed at the disposal of the eccle¬ 
siastical authorities, who will take into account 
the intentions of benefactors and founders, the 
origin of the property, the charges upon it, the 
needs of the members of the suppressed insti¬ 
tution, of all that equity and charity may demand. 
So, for instance, the dowries of the religious will 
be restored to them; the usufruct of property 
ceded by a religious cannot be disposed of. But 
all these charges met, the ecclesiastical authority 
will give another destination to the balance. The 
Holy See alone has this right by reason of its 
high domain over ecclesiastical property. 





CHAPTER III 

CONDITIONS REQUISITE FOR APPLICATION TO THE 
HOLY SEE FOR APPROBATION OF A CONGREGA¬ 
TION WITH SIMPLE VOWS AND OF ITS CONSTI¬ 
TUTIONS 

19. The condition of diocesan congregations, as 
described in the preceding pages, is rather precarious; 
spread in different dioceses, they are dependent upon 
various bishops; without a sufficiently strong central 
authority. No wonder, then, that the Holy See de¬ 
sires them to leave this initial stage, and exhorts 
them to present their constitutions for its approval. 
We must now indicate the course to be followed. 

Art. I. Conditions Required on the Part of the 
Congregation 

20. Before presenting itself to the Holy See for 
approbation, the congregation should have sufficiently 
expanded, brought forth good results, given a good 
trial to its constitutions and be possessed of sufficient 
means. 


22 




hi. Cljap. Conbfttong 


23 


If, on account of the absence of these conditions, 
the Sacred Congregation does not deem fit to proceed 
to the approval of the institution, it is wont to give it 
a brief of encouragement, by praising the zeal of its 
founder, or the purpose of the congregation, occa¬ 
sionally even by approving the institution itself, but 
reserving the approbation of its constitutions for a 
more propitious time. No length of time is specified 
as necessary before applying for approbation; but 
the old Normae , Art. 9, required from ten to 
fifteen years after its foundation. Should the 
congregation not have spread to other dioceses, 
the Holy See will probably take into consideration 
the number and importance of the houses. The 
Sacred Congregation will be sufficiently informed 
by the petition to be presented, of which we treat 
in the following article. 

Art. II. Conditions Required on the part of the 
Constitutions 

Sec. 1 . Necessary Documents 

21. When a congregation presents itself in Rome 
for the approval of its constitutions, it must send a 
petition to the Sacred Congregation of Regulars with 
the necessary documents. (N. 8.) 

The following documents are required: 

1°. A request addressed to the Pope, signed by the 
Superior General and other assistants, by which they 




24 I. 3ook. jfountmtton—Approbation 


humbly beg the approbation of the congregation 
and of its constitutions. 

2°. Letters of endorsement from the Ordinaries , who 
have houses of the congregation within their juris¬ 
diction. These letters, the most important of which 
is that of the Ordinary of the mother-house, should 
contain, a. the opinion of the Ordinary about the 
congregation, gathered from its works in his diocese; 
h. his judgment about the request for approval; is 
it opportune or for what reasons should it be deferred? 
c. the wish for any modifications in the constitutions, 
or in the works of the constitution. The Bishop must 
send sealed, and addressed directly, this letter of 
endorsement to the Sacred Congregation. 

3. A report, signed by the Superior General 
and her Council and confirmed as authentic and 
true by the Ordinary of the Mother-house, ex¬ 
plaining the origin of the Congregation with the 
name of its founder and her chief qualities and 
giving also full information on the following points: 

4. State of the members: indicate the number of 
postulants, of novices, of professed with temporary and 
perpetual vows; state whether there are various classes 
and the number in each; also the number of houses 
in various dioceses, and of the members in each. 

5. State of Discipline: indicate how the members 
live up to the constitutions, and state the defects, if 
any; give a summary of the government; if there is 




in. Cfiap. Contiitfong 25 


a Superior General, the duration of her term of office, 
the number of councillors, the time of calling the 
general chapter, the manner of electing the various 
officers, duration of term for local superiors. 

6. State of finances: indicate approximately the 
ordinary resources of the institution, the immovable 
property, the capital at hand, also charges of the 
institution and of every house, including debts, 
mortgages, etc. 

7. Information about the noviciate, the different 
stages of probation, the duration of the noviciate, 
and the number of novices and postulants, and 
the religious education they receive. 

8. Official text of the constitutions approved by 
the Bishop and printed either in Latin, French, or 
Italian. To facilitate the work of the consultors, 
at least ten copies must be sent.* 

The brief must be signed by the Superior General, 
the Treasurer General and the Secretary General. 
It shall then be vised by the Ordinary of the mother- 
house; he must certify to the truth and the authen¬ 
ticity of the documents, and shall then sign and seal it. 

All these documents are required whenever a new 
approbation is desired. 

* The cost of printing and all other necessary expenses must 
be borne by the interested congregation. The Superiors General 
must deposit with the Sacred Congregation a sum of money, to 
be determined in each case by the Secretary of said Congrega¬ 
tion. (Decree of 24th March 1914.) 



26 I. IBook. jfmm&atfon—approbation 


22. Even if the congregation is intended for missionary 
countries, the constitutions and all the documents 
mentioned above must be addressed to the Sovereign 
Pontiff, through the intermediary of the Sacred Con¬ 
gregation of Regulars. 

Sec. 2. Plan to Follow in Framing the Constitutions 

23. The constitutions should contain all that con¬ 
cerns, i° the nature of the institution, its members 
and its mode of living; 2 ° the government, the ad¬ 
ministration and the various offices. 

24. To facilitate inquiry, the Sacred Congregation 
recommends that the constitutions be divided into 
parts, the parts into chapters, the chapters into para¬ 
graphs or articles, and that these be numbered from 
beginning to end. (N. 25.) 

25. The new Normae do not mention the adoption 
of one of the great rules approved by the Church; 
if such a request be made, a true copy of this rule 
should precede the Constitutions. 

It may seem desirable that the congregation 
take a rule, distinct from the constitutions, a rule 
already approved by the Church, 1°, because by 
so doing the new institute is attached to a great 
religious family; 2°, it places itself under the 
protection of the Holy Founders and of all the 
Saints who have sanctified themselves by the 
practice of that rule; 3°, it becomes a shareholder 



in. Cjjap. Conti itioM 


27 


to a certain extent of all the privileges and favors 
of the older order; 4°, it finds in this rule a code 
of precepts and counsels, inspired from above; 
5°, the approbation of the Church gives to these 
rules a sanction preferable to everything else. 

26. Two decrees of the Sacred Congregation of 
Regulars must be added in the vernacular at the 
end of the constitutions. 

These decrees are the following: 1°, the decree 
“Singulari quidem” of March 27, 1896. 2°, the 
decree “Cum de Sacramentalibus” of February 3, 
1913. It is advisable to add the decree “Sacra 
Tridentina Synodus” of December 20, 1905, as 
it must be read publicly at least once a year. 

Sec. 3. Qualities of the Documents 

27. The wording of the constitutions must be short, 
clear, and well arranged. 

a. It must he short: no need of entering into 
minute details. The constitutions should be drawn 
up in a way to impress the memory. They must, 
however, be complete, and indicate the chief points 
with reference to the end proposed by the institution. 

h. It must he clear. Nothing leads to differences in 
communities like ambiguity in the constitutions. 
Clearness as much as correctness is required in 




28 I. Sooft. jfounbatfon—approbation 


expression as well as in matter. Exaggerated and 
fallacious expressions must be carefully discarded. 
In particular, care should be taken that the obli¬ 
gations of vows are not confounded with the prac¬ 
tice of the corresponding virtues; but their bearing 
should be clearly indicated, especially with regard 
to the vow of poverty. 

c. It must be well arranged. The Sacred Congre¬ 
gation has determined the arrangement. 

The Holy See generally requires that the consti¬ 
tutions, before being forwarded to Rome, should be 
accepted by the religious in chapter. 

Sec. 4. Dejects to be Avoided in the Compilation 

28. The Holy See does not allow any preface or 
introduction to the constitutions, nor does it admit 
historical notices, letters of endorsement or of praise, 
from whatever source they may come, with the one 
exception of the decrees of praise or approbation 
given by the Holy See itself. (N. 22. a.) 

29. All quotations from Holy Writ, Councils, 
Holy Fathers, Theologians, and of any book or 
author whatsoever, must be expunged from the con¬ 
stitutions. (N. 22. C.) 

These quotations, while adding no value to the 
constitutions, which receive their binding power 
from the approbation of the Holy See, needlessly 






in. C&ap. Conlutiong 29 


lengthen and obscure the text. Moreover, these 
quotations generally apply to orders with solemn 
vows only. 

30. Quotations from the Directory, the Ceremonial 
or the book of customs must also be avoided for fear 
that, being inserted into the constitutions, these books 
might be regarded as approved by the Sacred Con¬ 
gregation. The Sacred Congregation orders them, 
however, to be submitted for inspection. (N. 22. c.) 

The approved constitutions cannot be amended 
without authorization from Rome, but this is not the 
case with the other handbooks. The constitutions 
are a code of laws; this is the reason why quotations 
from other books are out of place in them. 

31. It is forbidden to mention in the constitutions 
laws and regulations of the civil authority or any gov¬ 
ernmental approval. (N. 22. d.) 

Two reasons may be adduced for this prescription: 
1°. Because the institutions, however frequently 
they may come in contact with the civil power, 
are solely dependent upon the Holy See. 2°. Be¬ 
cause civil laws differ according to countries, cir¬ 
cumstances, and times, while the constitutions should 
be identical in all countries and under all govern¬ 
ments. 



30 I. Book. jfountiation-approbation 


32. The constitutions must not treat (a.) of the 
duties of Bishops and confessors, (b.) nor of regula¬ 
tions concerning students and studies, (c.) nor of a 
detailed timetable for the daily work of the community. 
(N. 22. c. f.) 

The reasons of the first prohibition is that the 
constitutions are written for the religious, not for 
the Bishops and the confessors. The second does 
not exclude the relations of members of the insti¬ 
tution with the students, but all else that directly 
affects studies and students, because regulations af¬ 
fecting them are apt to need frequent changes. The 
timetable also might require frequent alterations. 

33. All dogmatic or moral questions, or decisions 
of controverted questions, especially those concerning 
the vows, must be eliminated. (N. 22. g.) 

This is easily understood, as the constitutions 
are a code of laws, not a handbook of moral or 
dogmatic teaching, nor a defence of controverted 
opinions, which may commend themselves to the 
piety of individuals. 

34. A distinction must be maintained, even in the 
wording, between religious orders and congregations 
with simple vows. (N. 22. h). 

No mention should be made of Rule, Monas¬ 
tery, Nuns, but of Constitutions, Congregation 
or Institution, House, Sisters. 




ill. Cfiap. Conbittong 


31 


35. As the constitutions are a code of laws, con¬ 
cerning government and regular observance, all ascetic 
and mystic considerations should be expunged from 
them. (N. 22. i.) 

36. Every minute detail concerning the minor 
offices should also be eliminated. (N. 22. k.) 

The Normae mention such minor offices as 
the kitchen, the infirmary, the vestiary. The 
reason is that minute details about these would 
be entirely unbecoming to the seriousness of the 
text of constitutions to be approved by the Holy 
See. 

The Constitutions, however, must clearly state 
all that concerns the nature of the Congregation, 
the vows, the members, and the manner of living; 
also all that concerns the government of the Con¬ 
gregation; its administration and chief offices. 
(N. 23. a. b.) 

Sec. 5. Title of the Institution 

37. The title or name of the congregation should 
be borrowed from the attributes of God, the mysteries 
of religion, the feasts of our Lord, of the Blessed Vir¬ 
gin or of the saints, or from its particular aim. (N. 26.) 

The first congregations with simple vows have 
generally taken the name indicated by their par- 




32 I. 25oofc. jFotmlmtfon—approbation 


ticular mission, for instance, Sisters of Charity, 
Brothers of the Christian Schools, Little Sisters of 
the Poor, etc. Others have taken the name from 
a mystery, which they proposed to honor in a 
special manner, such as, Fathers of the Sacred 
Heart, Ladies of the Assumption, Religious of the 
Immaculate Conception; others, again, affiliat¬ 
ing themselves to the great orders, have taken the 
name of Tertiaries. 

38. New congregations should carefully avoid 
taking the name of existing institutions, or at least 
shall add a qualification to distinguish it from all 
such. (N. 27.) 

39. In the selection of a name, everything should 
be avoided that looks strange, absurd, or ridiculous, 
or seems contrary to sound theology. (N. 28.) 

Sec. 6 . The Habit 

40. The constitutions must exactly describe the 
form of the habit, which must be simple, modest and 
poor. 

In the selection of the form, three conditions 
must be complied with: a, it must not be that of 
an existing congregation, in order to avoid con¬ 
fusion; 6, it must be conformable to religious pov¬ 
erty; c, it must not in any way be ridiculous or 




in. Cfjap. Contittiow* 


33 


out of keeping with religious modesty and serious¬ 
ness. Hence the Normae recommended that no 
silk, gold, or silver be made use of, if not for a 
cross or a silver medal. 

41. After the Institution has applied to the Sacred 
Congregation for approval of the constitutions, it 
cannot, without the authorization of the same, make 
any changes in the form. 

This is according to the general principle that 
no changes can be made from the moment that 
application for approval is made in Rome. As 
long, however, as the congregation is purely dio¬ 
cesan the Bishop could, for good reasons, intro¬ 
duce changes. 

42. In religious institutions with two classes of 
religious, the habit, without being identical, should 
not be entirely different. 

In the sisterhoods there must be a distinction 
between professed Sisters and novices and also 
between choir Sisters and lay- or assistant Sisters. 
The habit for the same class must be of the same 
form; and Superiors General cannot allow them¬ 
selves any distinction. The members of the sec¬ 
ond class have generally a costume somewhat 
more simple. The difference between professed 
Sisters and novices consists generally in this, that 



34 I. ®o0fc. jfotin&atfon Approbation 


the Sisters wear the black veil, the novices the 
white. 

Akt. III. The Purpose of the Institution 

43. The principal end of every institution is the 
sanctification of its members by the observance of the 
evangelical counsels and of its constitutions. 

44. The principal end or purpose must be clearly 
distinguished from the secondary end proper to each 
institution. 

The first and principal end is not sufficient to 
justify a new foundation, considering that religious 
congregations are differentiated not by their re¬ 
ligious life, but by the end of their institution. 
This purpose consists in the special duties of char¬ 
ity towards God and one’s neighbor. The prac¬ 
tice of charity under this double aspect and under 
its various forms is the reason of the existence 
of the various congregations; if this is wanting, 
neither the Bishop nor the Holy See will hesitate 
to refuse recognition. To obtain approbation the 
secondary purpose must be clearly determined, 
that is, the purpose must not be identical with 
that of any other congregation; it must not em¬ 
brace too many distinct works, and the works 
must be in keeping with the religious state. 




hi. Cfjap. Conditions 


35 


45. These purposes must be couched in modest 
terms, as becomes persons professing humility. 

46. Once the Holy See has taken the cause in 
hand, the purposes can no longer be modified. 

For particular reasons, however, in missionary- 
countries for instance, institutions, at the request 
of Ordinaries, could take up work which at first 
they had not contemplated and which was not 
provided for in the constitutions. This is the 
case also with diocesan congregations. 

47. In preparing the list of saints whom the insti¬ 
tution proposes to honor in a special manner, as also 
in arranging for the celebration of particular feasts, 
nothing should be introduced that savors of the spirit 
of novelty or has not been approved by the church. 

Art. IV. The Members of the Congregation 

48. The members of the congregation may form 
only one class, not more than two, both subject to the 
same rules, but after profession it shall not be per¬ 
missible for members of one class to pass to the other. 

Care must be taken that the difference between 
the two classes is not such as to form two different 
congregations. To the first class, that is, to the 
choir religious, are entrusted the direction and gov¬ 
ernment of the congregation, the training of pos- 



36 I. ©oofe. iFountiation—^ppt0faatt0n 


tulants and novices, the teaching of literature and 
arts; to the second, that is to the lay Sisters, the 
manual and domestic occupations. 

49. The members of a congregation cannot be 
enrolled as members of any other Third Order. 

The reason is clear; a person bound by vow to 
one institution cannot at the same time belong to 
another; a third order is looked upon as a religious 
congregation. This applies to both diocesan and 
other congregations. Moreover, the Third Orders 
are intended for lay people. The new Codex ex¬ 
pressly provides that no religious under temporary 
or perpetual vows can belong to a third order, 
even if she had been enrolled before; but if she is 
ever freed from her vows, the former enrollment 
revives. (Canon 704.) 

50. No congregation can attach to itself a third 
order; but for its exterior work it can aggregate to 
itself pious persons of the same sex as the congrega¬ 
tion, prescribe them a certain mode of living, and 
make them sharers of its merits. The founding of a 
third order is the exclusive privilege of the orders 
with solemn vows. 

51. Priority among the members of a congregation 
is determined first by the classes, and then by the 
time of profession or of taking the habit. 



in. C&ap. Conditions 


37 


According to this principle the following order 
should be followed: 

1°. The Superior General, her assistants, the 
general officers, the local superior, according to time 
of their appointment. 

2°. The professed of perpetual vows, according to 
the order of their profession. 

3°. The professed of temporary vows, according to 
the time of their profession. 

4°. The choir novices, according to the time of 
their taking the habit. 

5°. The choir postulants, according to the time o f 
their entry. 

6°. The lay Sisters of perpetual vows, and of tem¬ 
porary vows, respectively, according to the time of 
their profession. 

7°. The lay novices, according to date of taking 
the habit. 

8°. The lay postulants, according to time of entry. 





CHAPTER IV 

THE DIVERS STAGES OF PONTIFICAL APPROBATION 

We give below the ordinary procedure of the 
Sacred Congregation of Regulars. The different ap¬ 
probations are all of two kinds: a the approbation of 
a congregation, which includes the decree of praise 
and of formal approbation, b the approbation of 
the constitutions, first by way of trial, then defin¬ 
itively. The Sacred Congregation in its procedure, 
however, is not obliged to take these steps in all 
cases; it may dispense with one or more of them, as 
the Normae insinuate. 

Art. I. Decree of Praise 

52. The decree of praise is the first act of the Holy 
See, whereby the new Congregation ceases to be 
purely diocesan. The S. Congregation prefaces its 
decree with an account of the new congregation, its 
title, purpose, form of government, and authority of 
the Superior General and concludes: Our Holy 
Father N. having considered the letters of endorse- 


38 



IV. C&ap. pontifical Approbation 39 


ment of the Bishops, in whose dioceses exist houses 
of the Congregation warmly praises and commends 
the Institution as a religious Congregation. (N. 6.) 

Canon Law determines the authority of the 
Ordinaries in regard to such congregations. 

53. This decree of praise is granted, when after a 
proper lapse of time, the new Congregation has suffi¬ 
ciently expanded and has given proofs of piety, of 
religious observance and spiritual progress, as the 
letters of endorsement of the respective Ordinaries 
must show. (N. 7.) 

54. By the decree of praise the Institution is placed 
directly under the jurisdiction of the S. Congregation 
of Religious. 

After the Holy See has taken the matter in 
hand, all other jurisdictions are suspended, so 
that no change can be made without its consent. 
The institution then remains in this transitory 
state, and should not apply for a new approbation, 
until the time required has expired. The S. Con¬ 
gregation does not specify the length of time; 
perhaps ten to fifteen years would suffice. 

Art. II. Decree of Approbation of the Institution 

55. The decree of approbation will be granted to 
the new Congregation, when, after the decree of 




40 L 25 oo!l foundation-Approbatin’ 


praise, a rather long experiment will have proved that 
the Congregation is solidly united, that its constitutions 
are appropriate and faithfully observed, that the form 
of its government is right, that its members endeavor 
to preserve discipline in the bonds of charity within, 
and zealously fulfil the works of the Congregation 
without. (N. 9.) 

To obtain this a new brief must be sent similar 
to the one which we indicated above. A report 
should be added as to the present condition of 
the congregation, and especially about its develop¬ 
ment since the first decree was granted. Some 
copies of the constitutions should be sent with the 
remarks inserted, according to the instructions of 
the Sacred Congregation. If difficulties have been 
encountered in meeting these remarks, they should 
with humility be pointed out in the petition; no 
modifications in the text of the constitutions should 
be made. The Superior General shall again, as 
in the first instance, solicit new letters of endorse¬ 
ment from the Ordinaries, in whose dioceses the 
congregation has houses. 

56. By the decree of approbation “Our Holy Father 
N. considering the abundant and salutary fruits the 
religious Congregation N. has borne, approves and 
confirms it under the rule of the Superior General, 



iv. Cfwp. pontifical Approbation 41 


while safeguarding the jurisdiction of the Ordinaries 
according to the sacred canons. (N. 11.) 

57. Although generally a proper lapse of time is 
required between the decree of praise and the decree 
of approbation, yet sometimes, though rarely, the S. 
Congregation may grant at once the decree of appro¬ 
bation. This happens when the new Congregation is 
so well equipped under every respect, when it pre¬ 
sents itself for the first time to the S. Congregation, 
that there appear no reason to postpone a definite 
approbation. (N. 12.) 

The results of this pontifical approbation will 
be explained as we proceed. 

Art. III. Approbation of Constitutions by 
Way of Experiment 

58. In approving Constitutions the S. Congregation 
usually proceeds in the following manner. If after 
examination it is found that many corrections are 
needed, approval is deferred for some time, and mean¬ 
while the S. Congregation will make some observations 
showing chiefly what corrections, additions or omis¬ 
sions should be made in the Constitutions as presented. 
(N. 20. a.) If time and use have sufficiently proved 
the suitableness of the Constitutions, and not many 
nor important modifications are required, the S. 
Congregation makes the first correction of the text, 
and a decree is issued whereby His Holiness ap¬ 
proves and confirms the Constitutions so amended 




42 I. ©oofe. jFoun&ation-approbation 


for a certain length of time by way of experiment. 
(N. 20. a. b.) 

After all the preliminary conditions have been 
fulfilled, and the time fixed has expired, the Su¬ 
perior General will solicit the approbation of the 
constitutions. The petition must again be signed 
by the Superior General, the Treasurer General 
and the Secretary General, and must be accom¬ 
panied by the amended text of the constitutions, 
as explained above. If no further serious and nu¬ 
merous modifications are to be made, the congre¬ 
gation inserts ex officio any other changes it 
may deem necessary, after which the Sovereign 
Pontiff approves and confirms the constitutions 
by way of experiment. 

Art. IV. Final Approbation of the Constitutions 

59. After a sufficient experiment, the constitutions 
requiring only a few changes are finally corrected and 
definitively approved and confirmed by His Holiness. 
(N. 20. c.) 

The corrections, that appear reasonable, cannot 
be made by the congregation itself, after the con¬ 
stitutions have been approved by way of experi¬ 
ment; but a request may be presented to the S. 
Congregation with solid reasons for the changes. 



I. ©00fe. JFounbatton —Approbation 42a 


The request for final approbation is presented to 
the S. Congregation by the Superior General and 
her Councillors with letters of endorsement from 
the Ordinaries. After having obtained the final 
decree, the Congregation will in the future live its 
own life, and should faithfully keep the Constitu¬ 
tions, as approved by the Supreme Authority. 

Often the S. Congregation in approving Con¬ 
stitutions may proceed in a different way. With 
the decree of praise it may insert opportune re¬ 
marks in the text of the Constitutions, which after 
correction must at a fixed time be presented again. 
When many corrections are to be made, these 
are communicated to the institution before the 
decree of praise is granted; in either the Con¬ 
gregation loses all right to change or correct the 
constitutions by its own authority, after having 
obtained the decree of praise. As a rule, the ap¬ 
probation of the Congregation is accompanied by 
the approval of the Constitutions by way of ex¬ 
periment for a certain length of time. (N. 21. 
a. b.) 

60. Conclusion. 

The final approbation of the constitutions has 
the following effects: 




42b I. Boofc. iFountiatlon—^pprobatton 


1°. The constitutions are entirely withdrawn 
from the authority of the Ordinary, and of the 
different Superiors of the Congregation. The right 
to make changes now belongs to the Sacred Con¬ 
gregation. The approbation of the constitutions, 
however, does not imply approbation of the direc¬ 
tory or of the book of customs, in which changes 
may be made without referring to Rome. 

2°. The other effects are analogous to those 
produced by episcopal approbation. 





CHAPTER V 

OF CONGREGATIONS WHO WILL HAVE DIFFICULTY OR 
EVEN FAIL IN OBTAINING APPROBATION 

61. Congregations desirous of being approved must 
beware of undertaking a too great variety of works. 

62. Congregations having no sources of income 
will not receive either the decree of praise nor of 
approbation. The decree will be delayed in the case 
of those who are encumbered with great debt. 

63. Great precaution will be taken in approving 
congregations purporting to live on alms. Faithful 
observance of the decree “ Singulari quidem ” of 
March 27 , 1896 , will be especially recommended to 
them. 

On the strength of that decree, Sisters of simple 
vows are forbidden to collect, not only in the diocese 
in which they live, but in any other diocese, without 
the consent of their own Bishop and also of the Bishop 
of the place in which they wish to collect. The oon- 
43 



44 I. ffioofc, JFoun&atton—Approbation 


sent of both Bishops should be given in writing. 
Their own Bishop should give his consent only after 
ascertaining the real need of the house or of the good 
work, and when the collection cannot conveniently 
be made by persons designated by the Bishop. The 
Sisters must go two and two, and should be com¬ 
mendable by their seriousness and age. Their stay 
out of the convent shall not exceed one month when 
collecting within their diocese, nor two months when 
collecting elsewhere. 

64. Special guarantees are demanded of congrega¬ 
tions of women, who day and night wait on the sick 
in their homes, or who take care of the household of 
poor and laboring families. (N. 15.) 

The Normae do not condemn these congregations, 
but the nature of the work demands special safe¬ 
guards. The Holy See generally gives these prudent 
counsels to sisterhoods taking care of the sick in 
their homes: (a) Without serious reasons the Sisters 
must not wait on the sick outside of their respective 
cities, unless they he two , especially at night; they must 
demand also a special dining-room. (6) They shall 
never be allowed to wait alone upon men, living in 
furnished rooms, (c) It will be useful to change 
nurses, in case of a prolonged sickness. ( d ) The 
Sisters should take their meals together when pos¬ 
sible. 




v. Cfjap. flDbtamfng approbation 45 


65. Approbation will generally be refused to con¬ 
gregations of Sisters devoting themselves to works 
which do not seem suitable to them, such as taking 
direct care of infants or of maternity hospitals. (N. 
17.) 

It is easy to understand that such occupations 
are not quite suitable to Sisters. What is not suit¬ 
able to a young unmarried lady would certainly not 
suit a virgin consecrated to the Lord. Similar 
institutions would expose Sisters to great and un¬ 
necessary dangers. But the Normae say that they 
should not take direct care, which leaves us to think 
that Sisters could take care of such institutions, 
provided they leave this special work to other per¬ 
sons; on the contrary, immense good is done by the 
Sisters directing such institutions. 

66. The S. Congregation calls attention to Canon 
500 § 3 on the strength of which no congregation of 
men, can have, without a special privilege, a congre¬ 
gation of women subject to it, or assume and retain 
special care and direction over it. (N. 18.) 

67. All of the above concerns only congregations 
seeking pontifical approbation in the future, not those 
who have obtained final approbation, after they sub¬ 
mitted to S. Congregation their constitutions with 
the necessary corrections in conformity with the 
new Code of Canon Law. 





THE SUPPRESSION OF A CONGREGATION APPROVED 
BY THE HOLY SEE 

68. No congregation, even not approved by Rome 
and only diocesan, can be suppressed but by the 
Holy See only, although it may consist of one house 
only. (Can. 493.) 

This applies to all congregations lawfully 
founded. If the approved congregation is divided 
into provinces, it cannot suppress a province or 
unite it to another without the consent of the 
Holy See. Duly observing the laws of justice and 
the will of founders, unless the constitutions pre¬ 
scribe otherwise, the General Chapter or if no 
general chapter is shortly to be held the Superior 
General with her Council decide about the prop¬ 
erty of the extinct Province. (Can. 494 § 2.) 

69. In an approved Congregation the suppression 
of a house belongs to the Superior General, with the 
consent of the local Ordinary; in a diocesan Congrega- 

46 




Vi. Cfjap. Suppression of a Congregation 47 


tion the suppression belongs to the local Ordinary, 
after hearing the Superior General of the Congrega¬ 
tion, unless the diocesan Congregation possess only 
one house. (Can. 498.) 

In case of an appeal, to the Holy See, there 
could be no suppression of any house, until it has 
decided. Reasons justifying suppression or a re¬ 
quest for suppression may be: Want of members, 
excessive diminution of resources, expiration of 
contracts, impossibility or uselessness of the 
secondary purpose. 

All of the above applies also to societies, whose 
members lead a community life, although without 
vows. (Can. 674.) 







BOOK II 

Entrance into a Congregation of Simple 
Vows and Noviciate 

CHAPTER I 

ENTRANCE 

Art. I. Admission of Postulants 

70. Besides a true supernatural vocation, and 
health in keeping with the new mode of life, the 
Superiors must demand of all candidates a certificate 
of good behavior and of their free state. (Can. 538- 
545.) 

a. The certificate of good behavior is given by the 
Bishop’s chancellor, or the pastor, or, if they cannot 
certify, by other ecclesiastics. The confessor should 
generally be excused for fear of apparent betrayal of 
the sacramental seal. b. The certificate of a free 
state is not indispensable, when it is commonly known. 

c. As to health we will remark that certain diseases 
48 



i. Cfmp. (Entrance 


49 


should prevent admission into a religious commun¬ 
ity: contagious and hereditary diseases, such as 
scrofula, epilepsy, pulmonary troubles, and nervous 
affections predisposing to hysteria. If there be good 
reasons to admit a delicate candidate, the Superiors 
may do so, although they should look first and fore¬ 
most to the welfare of the community. 

71. All aspirants to a congregation must bring a 
certificate of baptism and confirmation. (Can. 544.) 

It would seem prudent, in case the postulants 
are minors, to require the written consent of par¬ 
ents and especially of guardians in order to avoid 
future complications. 

72. There are two kinds of impediments to admis¬ 
sion into a religious community; dispensation from 
the one is reserved to the Holy See; from the other, 
to the Superior General with her consultors for good 
reasons approved of by them. 

1. The new Codex makes a distinction between 
an admission into the noviciate, that would be null 
and void, and an admission that would simply be 
illicit. 

The following cannot validly be admitted into the 
noviciate: a. Those who hove belonged, to a non-Catholic 
sect. 1 b. Those who have not the age required, that is 

1 This impediment was officially explained to mean: Those who 
had fallen away from the faith and had joined a non-Catholic sect. 



50 


ii. Book. Woto# 


those who have not completed their fifteenth year. 
c. Those who enter religious life, led by violence, grave 
fear or fraud. All these outside causes would exclude 
the full liberty, which the church makes an essential 
condition for admission, d. A married woman during 
the lifetime of her husband, e. Those who are bound 
or have been bound by the tie of a religious profession, 
f. Those who for a serious crime have been accused or 
may be accused, and punishment is pending. 

The following persons would be admitted to the 
noviciate illicitly, yet validly: a. Insolvent debtors. 
The reason of this is, that as the religious cannot 
earn for herself, the creditors would be defrauded; 
the congregation may not take these obligations upon 
itself, b. Persons implicated in transactions liable to 
bring litigation or trouble upon the congregation, 
c. Children who must help out their parents, that is, 
father or mother, grandfather or grandmother, actually 
in great need. The principle laid down in the new 
Codex refers only to such children whose parents are 
really in extreme or great need, or who would be 
reduced to it, if their children became religious, 
unless they could and wished to be cared for in a 
charitable institution or the congregation would be 
prepared to shoulder the burden. The Codex limits 
this special attention to parents or grandparents 



i. Cfjap. (Entrance 


51 


only. An obligation of natural and divine law cannot 
be set aside for a counsel, d. Mothers , whose presence 
is required for the support and education of their chil¬ 
dren. In this case again the natural and divine law 
must have the preference over a personal inclination, 
however noble it might otherwise be. 

73. The congregations may insert in their constitu¬ 
tions impediments, of which the Superiors General 
with their Councils can dispense. 

74. Those who have been in schools or academies, 
or postulants or novices in another congregation must 
have testimonial letters from the Superiors of such 
schools or academies, or from the Superiors, Provincial 
or General, of such congregation. 

In case of a professed Sister going over to another 
congregation, after having obtained permission of the 
Holy See, testimonial letters of the Provincial or 
General Superior of her former congregation would be 
sufficient. 

75. Besides these testimonials required by law, the 
Superiors who can admit the candidate, may demand 
also such other certificates, as they consider necessary 
and opportune, before admitting the candidate, espe¬ 
cially as regards their character and moral behavior. 
(Canon 544 , § 6 .) 

76. Those who are required by law to give these 
testimonials, should not hand them to the aspirant, 
but to the religious Superior, free of charge, and 
within three months from the time they were applied 



52 II. Soofc. Simple 


for; they should seal them and in the case of aspirants 
who have been in academies or postulants or novices 
in another congregation, the Superior should sign the 
certificates under oath. (Canon 545 § 1 .) 

77. If for grave reasons they judge that they cannot 
answer the enquiring Superior, they must within three 
months explain the causes to the Holy See. 

78. If they answer that the aspirant is not suffi¬ 
ciently known to them, the religious Superior must 
institute another accurate investigation, and try to 
obtain a trustworthy report. 

79. If they do not answer at all, the enquiring 
Superior must inform the Holy See of her inability 
to obtain a reply. 

80. In their testimonials, after a thorough investiga¬ 
tion, even if necessary through secret agencies, in the 
discharge of a most conscientious obligation as to the 
truth, the Superiors must report about the family, 
morals, mental capacity, conduct, good name, condi¬ 
tion, knowledge of the aspirant and also add whether 
her family needs her assistance. In case the aspirant 
had been in an academy, or had been a postulant or 
novice in another congregation, the Superiors should 
also report whether she was dismissed and for what 
reasons or left of her own accord. 

81. All those to whom the above report is sent are 
in conscience bound to secrecy in regard to the in¬ 
formation received and the persons who furnished it. 




I. C&ap. flEnttance 


53 


Art. II. The Postulants 

82. In institutions approved by the Holy See, the 
Superiors General, or the provincials within their 
provinces, are entitled to admit postulants, without 
referring to the Ordinary. 

This principle is one of the consequences of pon¬ 
tifical approbation. The admission of postulants 
dates back even further than the days of St. Benedict; 
it was not, however, officially recognized. For good 
reasons a time has been fixed officially for a trial 
preceding the noviciate, during which the candidates 
may consider the obligations that will eventually be 
placed upon them. 

83. In congregations of perpetual vows a period of 
at least six whole months is prescribed. (Canon 539 .) 

According to the new Codex the Superior General 
could extend the time of postulancy, but not beyond 
another six months; after that the postulant should 
be admitted to the noviciate or be dismissed. The 
Superior cannot shorten the minimum, not even for 
the young ladies educated in their houses. In con¬ 
gregations of temporary vows the constitutions 
should provide and be followed, for what regards 
the necessity and the time of postulancy. 



54 


II. Book. Simple 


84. The postulants should spend their time of 
probation in the house of the noviciate; the Superior 
General could, however, designate another house, 
provided it contained a sufficient number of Sisters 
for the regular observance, and that the postulants 
be placed under the direction of an experienced 
Sister. (Can. 530 § 2.) 

During this period of trial the postulants will 
receive a copy of the constitutions, and will en¬ 
deavor to know well their future obligations. The 
Superiors must be on their guard against certain 
abuses, as, for instance, to call postulants to the 
mother-house to give them the habit, and after a 
sojourn of two or three weeks send them off to some 
other house to have them fill some position. This 
would be exposing vocations to serious danger. 

85. A retreat of at least eight days will precede the 
entrance into the noviciate. (Canon 541 .) 

86 . If the confessor thinks proper, the postulants 
may make a general confession. 

87. The Superior, or Mistress of Novices, cannot 
require any account of conscience from the postu¬ 
lants. 

This applies to novices and postulants alike. 
The Code, however, does not forbid subjects to 
open their hearts freely to the Superiors. On the 
contrary, it may be to their advantage to approach 




I. C&ap. (Entrance 


55 


their Superiors with filial confidence. (Can. 
530 § 2.) 

88. Before entering the noviciate, the postulants can 
enter into an agreement with the Superiors and their 
parents or guardians, as to defraying the expenses up 
to the time of their profession. 

89. In diocesan congregations the right of admit¬ 
ting candidates belongs to the Bishop. 

The reason of this is that the Bishop is the 
Superior General of these institutions. If, how¬ 
ever, the Bishop, when approving the constitu¬ 
tions, had ceded this right to the Superiors, he 
could not reclaim it without good reasons. In 
this case, if the congregation possesses but one 
house, its Superior has the right to admit sub¬ 
jects; if it has houses in various dioceses, this 
right would belong to the Superior General. The 
other prescriptions enumerated above do not con¬ 
cern diocesan institutions; it would be well, 
however, to put them in practice, to facilitate 
pontifical approbation, the more so as Rome 
wishes the Ordinaries to follow the Normae in 
drafting constitutions submitted for their ap¬ 
proval. 




CHAPTER II 

THE NOVICIATE 

Art. I. Conditions Required for Entrance into the 
Noviciate 

Sec. 1. Canonical Age 

90. No candidates can be admitted to the noviciate 
who have not completed their fifteenth year. (Can. 
543-1°. 


Sec. 2. The Examination of Postulants 

. 91. The Bishop has the right, granted to him by 
the Council of Trent, to examine postulants and 
novices before they are admitted to the habit or to 
the profession, in diocesan congregations as well as in 
those approved by the Holy See. (Can. 552.) 

The object of this prescription is to secure full 
liberty for the young ladies, and prevent parents 
from forcing their daughters into the convent. 
Canon law (Can. 2352) not only excommunicates 
those who should force a woman to enter a reli- 
56 




ii. Cfwp. IJotucfate 


57 


gion, but prescribes that each postulant before 
taking the veil, or a novice before making her 
vows, shall be examined by the Bishop or his 
delegate, to determine whether or not she has 
been forced or unduly influenced, and whether 
she acts with full knowledge of the step she is 
about to take. No other questions are required. 
(Can. 552.) 

92. The Superiors must inform the Ordinary of 
the proposed ceremony at least two months in advance. 
(Canon 552 § 1 .) 

In case of negligence on the part of Superiors the 
Ordinary has a right to punish them, even without 
previous warning. Considering the seriousness of 
the offence, he could, if he thinks proper, deprive the 
Superior General of her office, if she neglect to inform 
him in time of an admission to the noviciate or to 
profession. (Canon 2412, 2) 

93. Neglect of examination does not, however, 
render null the taking of the habit or making pro¬ 
fession. 

Sec. 3. The Right to Admit into the Noviciate 

94. In diocesan congregations the right to admit 
candidates into the noviciate belongs to the Bishop. 





58 


ii. ffioofc. Woto# 


95. In congregations approved by the Holy See, 
the right to admit candidates to the habit belongs to 
the Generals of the congregations with the consent 
of their councils. (Canon 543 .) 

To determine the right of the congregation or of 
the community in admitting candidates, the consti¬ 
tutions must be followed. 

The admission of candidates involves a great re¬ 
sponsibility on those who decide, whether it be the 
community or the Superiors. It is equally culpable 
to admit unworthy candidates, as to reject worthy 
ones. 

96. The same Superiors have the right to expel 
either postulants or novices. 

Sec. 4. The Dowry of a Religious 

97. A dowry is required of every candidate for 
profession. The amount is fixed by the Sacred Con¬ 
gregation of Regulars, when it approves the consti¬ 
tutions. (Canon 547 .) 

The dowry is an amount of money or its equivalent 
given to the convent, to enable it to take care of 
the religious during life. The Holy See when approv¬ 
ing the constitutions determines the amount; accord¬ 
ing to the present practice of the Sacred Congregation 
it cannot be less than 300 francs ($60). If the Holy 



n. c&ap. j|2obkiate 


59 


See should not have fixed the amount, the Superiors 
could supply the omission. 

98. The dowry must be uniform for all the Sisters 
of the same rank in a convent), but less is required of 
the lay Sisters. 

As the Constitutions must stipulate the amount 
of dowry required, they should make a difference 
between choir and lay Sisters. 

99. In approved congregations the amount of the 
dowry cannot be lessened nor be dispensed with, 
without the authorization of the Holy See. (Canon 
547 §4-) 

This point is always inserted in the constitutions, 
submitted to the approval of the Holy See. The 
Sacred Congregation sees in it a quasi-alienation of 
church property, and for that reason requires its 
consent to dispense with it. If it is forbidden to 
the Superiors to dispense with the dowry, or remit 
it in part, the Ordinaries have no right to author¬ 
ize them to do so. Rome has time and again pro¬ 
tested against this; the contrary practice cannot, 
therefore, have the force of law. In diocesan con¬ 
gregations the permission of the Ordinary would be 
required to dispense in whole or in part with the 
dowry. 




60 


II. Book. &(mpU $otog 


100. The Constitutions should provide that the 
dowry be made over to the convent at the time of 
taking the habit, or at least be guaranteed in a validly 
legal form. 

Values, such as titledeeds, stock, obligations, are 
at present considered as cash. At the time of 
taking the habit, a guarantee must be given that 
the cash shall be paid before the novice takes her 
vows. 

101. The dowry is inalienable, and must be securely 
invested; it does not become the property of the con¬ 
gregation until the death of the Sister, although she 
had taken only temporary vows. (Canon 549 .) 

The reason of the first part is that the dowry re¬ 
mains the property of the Sister until her death, and 
must be returned if she leaves. It cannot, therefore, 
be used up for buildings or for a new foundation. 
If necessity compelled the congregation to use it, 
the consent of the Holy See must be had, and in 
that case the congregation would be bound to replace 
the dowry. The contrary practice is not legitimate. 
The Superior General should be punished, even, if 
necessary, with privation of her office, if she dared 
to spend in any way the dowry of the young ladies 
received. (Canon 2412, 1°.) 

Besides the dowry, the Sister may donate to the 
convent any other revenues she pleases, but this 




H. C&ap. j|2obtriatt 


61 


donation will take the form of a contract, which by 
the acceptance of the other party becomes irrevo¬ 
cable. She could not therefore claim it, if she were 
to leave the convent. 

102. In case a Sister leaves the convent, the dowry 
must be returned to her, but without interest. (Can. 
661 .) 

103. In diocesan institutions the Bishop can fix 
the amount of the dowry. 

For these also it will be well to follow the general 
prescriptions, especially for what concerns the inalien¬ 
ability of the dowry. 

Art. II. Canonical Conditions for the Noviciate 

104. The canonical noviciate begins with the tak¬ 
ing of the habit in the house in which the noviciate 
is located or in any other way prescribed by the con¬ 
stitutions. (Canon 553 .) 

105. The Sacred Congregation does not approve 
that, where a two years’ noviciate is prescribed, the 
habit be given at the beginning of the second year. 

Sec. 1. Duration of the Noviciate 

106. One whole and continuous year is required 
for the validity of profession. (Canon 555 § 1 - 2 .) 

When in a congregation a two years’ noviciate 
is prescribed, the Normae recommended that the 



62 


ii. 23oofc. Simple #otogf 


first and regular year be devoted entirely to the 
spiritual and religious formation of the novice. For 
the second year, application to study or to the 
other works of the congregation was permitted, 
but as far as possible at the house of the noviciate. 
The constitutions should determine whether the 
profession shall take place at the expiration of the 
first year or not. In many Congregations the 
constitutions prescribe a two years* noviciate, 
and the Superiors are authorized to employ the 
novices in the works of the Congregation during 
the second year. Lest the religious formation of 
the novices suffer and abuses creep in, the S. Con¬ 
gregation of Religious by order of H. H. Bene¬ 
dict XV at an audience of June 25, 1921, has 
issued an instruction, with the following interest¬ 
ing points: 

1°. When the constitutions prescribe a second 
year and allow that the novices be employed dur¬ 
ing that year in the various and proper works of 
the congregation, this is permissible, yet so that 
the fundamental laws of the noviciate be observed. 
Special care must be taken of the religious forma¬ 
tion above all other occupations. 

2°. This employment should only have in view 
the training of the novices; therefore they cannot 




n. c&ap. jRobktate 


63 


be employed independently, but under the direc¬ 
tion and watchfulness of a serious religious, who 
can guide them by word and example. 

3°. If during the second year the novice is sent 
to another house than that of the noviciate, this 
should be by way of exception and for serious 
reasons. The only valid reasons must be on the 
part of the novice, such as, because she cannot be 
properly trained in the house of the noviciate, or 
because she cannot stay there any longer. Need 
or usefulness of the house cannot be a valid rea¬ 
son; so, for instance, want of sisters is not a 
sufficient cause why novices should take their 
places. 

4°. Whether the novices are employed in the 
house of the noviciate or outside, they must ab¬ 
stain from such external work during the two 
months preceding profession. If they be outside, 
they must be recalled to the house of the noviciate, 
that strengthened in their vocation they may pre¬ 
pare themselves during the entire two months for 
their profession. 

107. The year of the noviciate must have expired. 

To remove anxiety and doubt concerning the 
validity of profession, the Sacred Congregation of 



64 


ii. ^ooL Simple 


Religious has decreed that the full year of novi¬ 
ciate required shall be computed not from hour to 
hour, but from day to day. 

108. The year must be continuous, that is, not 
interrupted. 

Canon 556 of the new Codex clearly explains 
when the noviciate is interrupted and must be 
begun over again and when it is not. 

1°. The noviciate is interrupted and must be 
begun over again in the following circumstances: 
1° — if the novice had been dismissed and actually 
left the house, 2° — if the novice, without the 
permission of the Superior, left the house with 
the intention of not returning; 3° — if the novice 
remained out of the house for any reason, with 
the intention of returning and with the consent 
of the Superior, for more than thirty days whether 
continuous or not. 

2°. If the novice were out of the house for more 
than fifteen days, but not more than thirty, even 
non-continuous and with the permission of the 
Superiors and under their obedience, it would be 
sufficient for the validity of profession to prolong 
the noviciate by the number of days, during which 
the novice was absent. 




ii. C&ap. jRobictate 


65 


3°. If she was away for less than fifteen days, 
the Superior may prolong the noviciate with an 
equal number of days, but it is not necessary for 
the validity of profession. The Superior, however, 
should not grant permission to remain out of the 
house, except for just and serious reasons. 

4°. If the novice is sent by her Superiors to 
another noviciate of the congregation the noviciate 
is not interrupted. 

109. No Superior has the right to abridge the time 
of the noviciate fixed by the constitutions. 

This is a consequence of the approbation of the 
constitutions, which does not authorize a Superior 
to dispense from their prescriptions. 

110. When the time of the noviciate has expired, 
the Superiors must admit those whom they consider 
suitable to religious life, or else dismiss them. (Coun¬ 
cil of Trent, c. 16. Codex 571.) 

If the novice has fulfilled the conditions she has 
a right to be admitted. If any doubt remains as 
to whether the novice is suitable to the congrega¬ 
tion or not, the Superior General could extend the 
time of the noviciate for a period not exceeding 
six months, when the novice must be admitted to 
profession or be dismissed. 




66 


II. ffioofe. Simple IPoto0 


111. In strictly diocesan congregations the Bishop, 
as first Superior, has the right to fix the duration of 
the noviciate, also of extending or abridging it when 
Constitutions prescribe more than a full year. 

As there are no positive laws about it, the Bishop 
will adopt the universal practice of the church. 

Sec. 2. The Place of the Noviciate 

112. In approved Congregations the choice of a 
house for the noviciate must be approved by the Sacred 
Congregation, and the novices should spend there the 
whole time of their probation. In diocesan Congrega¬ 
tions the Constitutions should provide. (Can. 554 § 1.) 

113. It is not at all required that the house of the 
noviciate be the residence of the Superior General. 

Although it would seem preferable that it be at 
the same time the mother-house and residence of 
the General, yet it is not obligatory, unless the 
constitutions so provide. 

114. The congregation need not limit itself to one 
noviciate. 

The following reasons would indicate, however, 
that unity of noviciate would be preferable. 1°. 
To prevent division, which may easily result from 
the different training given in the vairous houses. 
2°. Numbers and good example singularly develop 




II. Cfiap. jlJoWcfate 


67 


the good disposition of the candidate. 3°. Unity 
of noviciate will contribute to greater uniformity, 
and inculcate the true corporate spirit, so useful 
and necessary to the welfare of the congregation. 

It may happen that a congregation has houses 
in far-off countries, or in countries where different 
languages are spoken. In these cases the necessity 
of more noviciates is evident. Only one noviciate 
is allowed in each province, if the congregation be 
divided into provinces; there could be no second 
noviciate without a grave reason and without a 
special indult of the Holy See. (554 § 2.) 

115. The erection of a new noviciate, or the 
transfer of an existing to another locality, cannot 
be effected without the permission of the Holy 
See. 

116. For diocesan congregations, the constitutions, 
approved by the Ordinary, must be followed in this 
matter, as the Holy See has made no provisions for 
them. 

Sec. 3. Discipline and Exercises of the 
Noviciate 

117. During the noviciate, the novices shall always 
be under the care and direction of their mistress; 
they shall dwell apart from the professed, with whom 





68 


II. ffiooft. Simple P0tog 


they shall have nothing in common except the choir, 
the church, and the refectory during meals. 

Hence the following consequences: 1°. Never 
shall the novices be allowed to accompany a pro¬ 
fessed Sister outside. 2°. The professed shall not 
take part in the recreations of the novices. 3°. 
The Superiors alone may have access to the novi¬ 
ciates, without the permission of the mistress of 
novices, but they must be accompanied by one 
of the older members of the community. 4°. 
No professed should be sent to the noviciate for 
a penance. 

118. From the beginning of their noviciate, the 
novices must be given a copy of the constitutions. 

It is necessary that the novices should read and 
consider them, to be penetrated with their spirit 
and be able to judge for themselves whether or not 
their strength will permit the binding of them¬ 
selves by vow to their observance. Besides study¬ 
ing the constitutions and hearing the spiritual con¬ 
ferences, the novices must devote to mental prayer 
the time allotted for it, each according to her 
capacity and the method indicated by the mis¬ 
tress of novices. The lay Sisters may be occupied 
with domestic work, in such manner, however, 
that their religious training will not suffer by it. 




ii. (E&ap. j|2oblctate 


69 


119. During the noviciate, the novices may not 
bind themselves by any vows. 

This prohibition applies to the vows of religion. 
As to particular and devotional promises, they 
shall be guided by their confessors. 

120. As a matter of justice, the novices are not 
obliged to observe the constitutions, but they are 
obliged to keep them as a matter of propriety. 

They are not bound by justice because they 
have made no vows, and are not religious; but it 
is proper that they should keep them to try their 
vocation, and train themselves to the virtues and 
obligations of religious life. Yet the novices are 
subject to the authority of the mistress of 
novices and the Superiors of the Congregation and 
they are obliged to obey them. (Canon 561 § 2.) 

121. A novice can leave at any time to return to 
the world even without the permission of the Superior. 

Her justification or her guilt will depend upon 
her motives and the dangers of losing her soul, 
to which she may have exposed herself. 

122. Although the Superiors have not, properly 
speaking, any jurisdiction over the novices, at least 
in non-exempt communities of simple vows, they have, 
nevertheless, a right of directing. 




70 


n. 3ook. Simple #otog 


On the strength of this right they may inflict 
disciplinary punishment, submit them to the 
necessary trials in order to convince themselves 
of their vocation, or even dismiss them, if they 
do not give satisfaction. 

123. The novices, the same as the professed, gen¬ 
erally partake of the spiritual privileges and favors 
granted to the congregation. 

In this respect novices are considered as reli¬ 
gious. They can gain the same indulgences as the 
professed, unless otherwise stipulated in the grant; 
they are exempt from parochial jurisdiction the 
same as the professed, so that the chaplains can 
give them Easter communion in their own chapel 
and administer to them the last sacraments. In 
case of death they have a right to the same suffrages 
as the professed Sisters. (567 § 1.) 

Sec. 4. Disposition of Property 

124. Before taking simple vows, whether temporary 
or perpetual, the novice must cede the administration 
of her property to whomever she pleases for the time 
during which her vows shall be binding. (569 § 1.) 

Canon law does not fix the time for this dispo¬ 
sition. It should be done after the novice has 
been accepted for profession by the congregation, 



ii. iBoofe. Simple Potog 


70a 


leaving sufficient time for the requirements of the 
civil law. Unless the constitutions provide other¬ 
wise the novice must dispose at the same time of 
the use and usufruct of her property. 

If this cession or disposition had been omitted 
at the time of profession, for the reason that the 
novice had no property, and if she came after¬ 
wards in possession of some, or if the cession had 
been properly made, but if she came in possession 
of other property, the cession or disposal could be 
made, as above, even after the novice had made 
her vows. 

125. Full liberty must be left to the novices in dis¬ 
posing of their property. 

No pressure direct or indirect should be re¬ 
sorted to, to limit the right of the novices to dis¬ 
pose freely of their property, to indicate persons 
that should be favored, or to induce them to give 
part or all of it to the community. A disinterested 
advice, especially when solicited, may be given. 

126. The Sacred Congregation does not approve 
the renunciation of property, made by the novices, in 
favor of the congregation. 

The novice has undoubtedly the right to dis¬ 
possess herself of all the property of which she is 



70b 


II. 25ook. Simple 


the lawful owner; but the Sacred Congregation 
prefers that she should not do so, as a further 
guarantee of her liberty. In any case, donations 
should only be made conditionally , that is, to be 
valid only during her stay in the congregation. 
Unconditional donations, however, would be valid 
and irrevocable. 

127. Whatever the novice brought must be re¬ 
turned to her at her departure, except the money 
advanced for the noviciate, if, before entrance, an 
indemnity was agreed upon to defray expenses up to 
the time of profession. 




BOOK III 


Profession and the Obligations it 
Imposes 

CHAPTER I 

THE VOWS IN GENERAL 

Art. I. Preparation for Profession 

128. The profession shall be preceded by a retreat 
of at least eight days. (Canon 571 § 3 .) 

129. Before profession a new examination of the 
novices by the Ordinary is required. 


Art. II. Number and Duration of Vows 

130. The vows are the three essential vows of 
religion, viz., poverty, chastity, and obedience, to 
which no fourth vow may be added. 

131. Virtue to a heroic degree may be the object 
of a special vow, limited to heroism in particular 
circumstances. 


71 



72 


hi. Book. $xote&&ion 


Christian perfection, which is the purpose of 
religious life, does not exclude heroism of virtues; 
that is why it may be the object of a special vow, 
admitted by the Sacred Congregation; so recently 
the Sacred Congregation permitted the Sisters of 
Charity of St. Ann at Saragossa to devote themselves 
by special vow to the service of the pest-stricken. 

132. The vows, taken in a congregation of simple 
vows, are first temporary, then perpetual. 

Ordinarily temporary vows are made for a period 
of from three to five years, before making the per¬ 
petual vows, according to the prescriptions of the 
constitutions as approved by the Holy See. Ac¬ 
cording to the Code, the vows are at first taken an¬ 
nually for a period of three years. After that, the 
constitutions may prescribe another three years of 
temporary vows, to be renewed annually or to be 
taken for the whole period. No sister can validly 
take perpetual vows, until she has completed her 
twenty-first year; dispensation from this condition 
is reserved to the Holy See. 

133. The Superiors have no right to abridge, on 
any account whatsoever, the period of temporary 
vows, as established by the constitutions approved 
by the Holy See* 



i. Cfmp* %\)t in (General 73 


This is also one of the results of pontifical appro¬ 
bation. Whether it be to send a subject on the 
missions, or even to afford consolation at the point of 
death, all diminution of that period is unlawful, and 
the profession would be invalid; moreover, it is 
entirely unnecessary as temporary vows give mem¬ 
bers a share in the merits and privileges of the 
congregation. The temporary vows preceding the 
perpetual vows must be taken for at least three years, 
either annually or at once, or if more than three 
years will elapse before the novice attains her twenty- 
first year the temporary vows may be taken at once 
for that whole period, or renewed annually, as the 
constitutions may prescribe. The lawful Superior 
can extend this time, but for not more than three 
years. (Canons 573 and 574.) 

Art. III. General Remarks about the Vows 

134. The constitutions must treat of each vow in 
particular, and make clear the distinction between 
the vow and the virtue. 

All confusion must be avoided as regards the obli¬ 
gations imposed by the vow, so as to prevent the 
formation of a false conscience, causing one to com¬ 
mit formal sin when the matter is not sufficiently 




74 


hi. 2Booft. profcgsrton 


grave. A thorough distinction should be made, 
for instance, between the vow and virtue of poverty; 
all the more so as the virtue of poverty is not a 
distinct virtue; the virtue of obedience will most 
frequently be the virtue of humility. 

135. Dispensation from the three vows of obedi¬ 
ence, chastity, and poverty, whether temporary or 
perpetual, made in congregations approved by Rome, 
is reserved to the Holy See. 

More will be said about this when we treat of the 
dispensation of vows. 







CHAPTER II 

PROFESSION 

Art. I. Nature of Profession 

136. Profession is an act by which a novice con¬ 
secrates herself to God by taking the three vows of 
poverty, chastity, and obedience, conformable to the 
rule or the constitutions in a congregation approved 
by the church, under the authority of the Superiors 
receiving them. 

137. Hence it follows that the profession is a bi¬ 
lateral contract. 

A contract is bilateral when two parties pledge 
themselves towards one another. Such is the con¬ 
tract of profession; the novice pledges observance of 
the three vows of poverty, chastity, and obedience 
according to the constitutions of the congregation; the 
congregation, on the other hand, by acceptance rati¬ 
fies this gift. Hence arise reciprocal rights and duties. 

138. The profession of temporary vows has the 
same effects, at least pending the term of these vows. 

75 



76 


hi. ffioofe. $toit0&ion 


Art. II. Conditions Required for the Validity of the 
Profession 

139. The profession must be free from all impedi¬ 
ments which would render it null and void. 

140. The profession cannot be made before the 
completion of the sixteenth year of age. (Council of 
Trent, sess. xxv., c. 15 . Canon 572 .) 

It is generally admitted that the time must be 
calculated mathematically; if anything be wanting 
the profession is null. If the constitutions of a par¬ 
ticular congregation require a more advanced age, the 
profession would not be null, unless the constitutions 
formally declare it to be so. 

141. The profession must be preceded by a novi¬ 
ciate of one year. (Council of Trent.) 

This is the general rule, but if the constitutions 
prescribe more, the profession, made before the ex¬ 
piration of that time, would be valid, unless the 
constitutions formally mention the contrary. 

142. Free consent on the part of the professed is 
required. 

Hence it follows that if the novice has no intention 
of making profession, or is ignorant of the essential 
obligations it imposes, or is under the influence of 





H. Cfmp. profession 77 


grave and unjust fear, the profession would be null 
and void. The newly and in validly professed Sister 
could not, however, leave the congregation before 
the defect of free consent is proved, on account of 
the serious inconveniences of a contrary course. 

143. The profession must be received by the lawful 
Superior. 

The constitutions must determine what Superior 
shall receive the profession, at least in congregations 
approved by the Holy See. In diocesan congrega¬ 
tions this right belongs to the Bishop. 

144. The one making the vows cannot attach any 
condition contrary to the substance of the vows, or 
to the religious state. 

The profession would be void, if, at the time of 
making it, one reserved the right to leave when she 
pleased, or when she found herself unable to keep 
the regular observance, or to live according to her 
whims, or to dispose of her property as she wished. 

Art. III. Ceremonial and Formula of Profession 

The ceremonial of profession, as prescribed in the 
constitutions must be followed. 

The following is the usual ceremonial, as prescribed 
by the Sacred Congregation of Rites, dated August 



78 


hi. ©oofe. profession 


27,1894. If the profession takes place during Mass, the 
celebrant, after having taken the Precious Blood, 
and after the Confiteor and the other prayers have 
been recited, turns toward the kneeling candidate, 
holding in his hand the Sacred Host. The candidate 
reads the formula of the vows and immediately re¬ 
ceives Holy Communion. If there are many candi¬ 
dates, each one must read the formula in a clear and 
intelligible tone. This decree of the Sacred Congre¬ 
gation of Rites only applies to those institutions in 
which the profession takes place during Mass. Pro¬ 
fession may be made, however, at some other time 
and place. It may probably be made also after the 
Gospel; the approved constitutions should decide 
this point. 

145. The formula of profession must in its integ¬ 
rity be inserted in the constitutions, and must be the 
same for the choir religious as for the others, with 
the modification as “ choir Sister or lay Sister.” 

146. This formula must be simple and clear; it 
must express that the candidate gives herself, accord¬ 
ing to the constitutions of the congregation, by taking 
the three vows of poverty, chastity, and obedience, 
whether they be temporary or perpetual. 

As explained above, the Formula must exclude 
any other vow. 



ii. Cfwp. Ptofeggum 


79 


147. The formula must indicate that the profes¬ 
sion is made into the hands of the Superior or her 
delegate, who accepts it in the name of the congre¬ 
gation. 

The right to receive belongs to the congregation. 
The offer of self is not made to the Bishop or to an 
officiating priest. The Sacred Congregation directs 
that the profession be made to the Superior General, 
not to the Bishop. The Ordinary or his delegate 
need not be present at the two ceremonies of taking 
the habit and making the vows, as is done in numer¬ 
ous congregations of women. When the ceremonies 
are presided over by the ecclesiastical Superior or 
his delegate, he assists merely as a minister of 
religion or a friendly witness. In diocesan congrega¬ 
tions, on the contrary, the formula of profession 
must make mention of the Bishop of the place, 
because he is the Superior of the houses founded in 
his diocese. 

148. The formula must mention also the length of 
time for which the vows are made, whether they be 
for one year, three years, or for life. 

149. The act of profession shall be inscribed in the 
register of professions and be signed by the Superior 
General or her delegates and by the newly professed. 
(Canon 576 .) 




80 


in. ©oofc. ^tofcgjsrton 


This will be an authentic proof of the profession 
and of its validity. If a lay Sister is unable to 
write, the constitution of Clement VIII, “Cum ad 
regularem,” prescribes that she affix the mark of a 
cross, in the presence of two witnesses, who were 
present at the profession. 


Art. IV. Renewal of Vows 

150. The time of the temporary vows having ex¬ 
pired, they must be renewed without delay. (Canon 
577.) 

Superiors are allowed to permit for a just cause 
that the renewal of temporary vows be anticipated, 
but not by more than one month. This renewal is of 
great importance, as it is not right that those who 
are qualified and desirous to continue in their voca¬ 
tion should be without vows for any length of time. 

151. This renewal must be made publicly, and an 
authentic registration made of it. 

A special register shall be kept in which this act 
shall be duly entered and properly signed by the 
Superior or her delegate, and the one renewing the 
vows. 

152. This legal renewal of vows should be care¬ 
fully distinguished from the mere devotional renewal. 




ii. Cfmp. Profession 


81 


The first must be made as soon as the time of the 
temporary vows has expired; the second may be 
made several times a year on days specified by the 
constitutions. 

The legal renewal is the authentic confirmation of 
the contract of the first profession. If the first 
contract was null and void on account of some imped¬ 
iment, the second could not be a confirmation and 
would not be any more valid than the first. The 
mere devotional renewal is a proof of the good disposi¬ 
tions of the Sister towards God, with whom she 
desires to remain united. 

153. The renewal of the vows, during Mass, shall 
be made in the same way as the profession. 

The Sacred Congregation has sanctioned the cere¬ 
monial of the renewal of vows by its decree of April 
27 (1894). It is analogous to that of profession, with 
the following two exceptions: 1°, the priest does not 
turn to the religious making the renewal; and 2°, if 
there should be many to make the renewal, they read 
the formula, not separately, but all together. 

Art. V. Invalid Profession 

154. The invalidity of profession may be caused 
either by the candidate or by the congregation, or by 
both. 



82 


hi. 250ofc. Pr0f*00t0n 


1°. The new Codex provides that if a profession is 
null and void, on account of an external defect, it 
cannot be revived by any subsequent acts, but a 
recourse must be had to the Holy See; or otherwise, 
after the parties concerned have become aware of 
its nullity, and after the impediment has been re¬ 
moved, the profession may be made over again. 

2°. When the nullity of profession proceeds from 
both the candidate and the congregation, a new 
consent of both parties is necessary, and the pro¬ 
fession should be made over again. 

3°. If the profession was null and void on account 
of the merely internal defect of consent, the pro¬ 
fession would be revalidated by the giving of that 
consent, provided the consent on the part of the 
congregation had not been revoked. (Canon 586.) 

155 The profession may be null on account of 
an impediment which continues to exist. 

In this case either the impediment may be taken 
away and then the Superiors and the candidate 
should consider the course to follow for the wel¬ 
fare of the congregation and of the subject; special 
care should be taken to avoid scandal, if the im¬ 
pediment is not notorious. Or the impediment can¬ 
not be removed and then the Superior has the right 



H. Cfmp. gtoitMion 


83 


to dismiss the subject, who would be freed from all 
obligations. 

156. The noviciate, which was made according to 
canon law, but followed by an invalid profession, need 
not be repeated. 

In this case the novice did what canon law de¬ 
manded of her, and no law compels her to begin 
over again. The case would be different if the pro¬ 
fession had been null on account of a defect in the 
noviciate. 


Art. VI. Profession at the Point of Death 

157. To remove all doubts in this important mat¬ 
ter and for the good of souls, His Holiness Pope 
Pius X, in an audience granted to the Cardinal Pre¬ 
fect of the S. Congregation of Religious, on Septem¬ 
ber 3 , 1912 , granted to all religious congregations 
the privilege of admitting to profession all novices, 
who in the judgment of a doctor are so seriously 
ill as to be considered in articulo mortis, on con¬ 
dition (a) that such novices have canonically begun 
the noviciate; (b) that the Superior who admits the 
novice to profession be the person who actually 
rules the house of noviciate; (c) that the formula of 
profession be the same as that used in cases outside 
of sickness but without determination of time or 
perpetuity. t 




84 


hi. Soofc. Protefgtfon 


158. The person who makes such profession 
shall participate in all the indulgences, suffrages 
and favors, which are obtained by all really pro¬ 
fessed religious who die in the Institute and to her 
also a plenary indulgence and remission of sins in 
Jubilee form is granted. Besides these favors the 
profession shall have no other effect. 

Hence it follows: That if the person recover 
before the expiration of her noviciate, she shall 
be in exactly the same condition as if no profes¬ 
sion had been made: (a) she may return to the 
world if she so desire; (6) the Superiors may dis¬ 
miss her; (c) the whole period of the noviciate 
must be completed; (d) at the completion of this 
a new profession, in case of perseverance, must be 
made. 


Art. VII. Effects of Profession 

159. Profession grants several spiritual favors. ' 

The religious who belong to the orders of solemn 
vows, but who take at present but simple vows, such 
as Benedictines, Carmelites, etc., can gain the indul¬ 
gences of the order, to wit: a plenary indulgence at 
the time of taking the habit and of making profes¬ 
sion, after the retreat of ten days, at the point of 
death, etc. The congregations of simple vows, after 



ii. Clmp* proteggfon 85 


at least having received the decree of praise, may, 
by applying for them, obtain the same favors. 

160. Profession of the three essential vows, made 
in the state of grace, can remit all punishment due to 
sin. 

This is the teaching of St. Thomas, who proves it 
by the fact that profession is the entire consecration 
to God of self and of all belonging to one for the 
love of Him. 

161. All vows made before religious profession are 
suspended, as long as the one who made them 
remains in the congregation. (Canon 1315.) - , 

Hence follows that, if the sister were to leave the 
congregation for any reason whatsoever, these vows 
would revive and be binding again. 

162. Profession gives certain rights in the congre¬ 
gation. 

Profession, according to the constitutions, regu¬ 
lates the rank of the professed Sister, gives them a 
right to vote and be elected, etc. 

163. Profession withdraws the professed Sister 
from parental authority. 

Parents who with the assistance of the civil law 
oblige their children, who are still minors, to leave 



in. ©ook. $tott88ion 


the convent, would be guilty of a grievous mortal 
sin. 

164. Profession imposes on the professed certain 
obligations. 

These may be reduced to the following principal 
ones: 1°. The obligations flowing from the nature 
itself of the religious state. 2°. The obligations 
imposed by the vows. 3°. The obligations imposed 
by ecclesiastical law. We will treat of each sepa¬ 
rately. 







CHAPTER III 

OBLIGATIONS FLOWING FROM THE VERY NATURE OF 
THE RELIGIOUS STATE 

Art. I. Obligation to Tend towards Perfection 

165. All religious are obliged to tend towards per¬ 
fection. 

The religious state is of its nature a continual 
tendency to perfection, that is, to the union of the 
soul with God through charity. This obligation 
consists, 1°, in applying one’s self in a general way 
to avoid sin, even a deliberate venial sin, and to 
practice virtue, and 2°, in a more particular way, to 
tend continually to perfection by using the proper 
means to the end, viz., observance of the vows and 
of the constitutions, and entertaining the highest 
regard for perfection. 

166. The obligation of tending to perfection is 
probably not distinct from the obligation of observing 
the vows and the constitutions. 

87 




88 


hi. 25oofe. ptofeggfon 


The religious does not pledge herself to any other 
perfection than that to be attained by the faithful 
observance of the vows and constitutions. A sin 
against the vows or the constitutions will not be a 
double sin. 

167. The disposition of a religious to avoid only 
mortal sin does not of itself constitute a mortal sin. 

This disposition, however faulty it is, does not 
prevent a religious from fulfilling the essential duties 
of her state, and may proceed from other sources 
than formal disregard for perfection. 

Art. II. Obligation of Observing the Constitutions 

168. All and every religious, superiors as well as 
subjects, must not only keep faithfully and entirely 
their vows, but they must also arrange their lives 
according to the constitutions of their congregation, 
and so tend to perfection. (Canon 593 .) 

The constitutions are the means not only to attain 
religious perfection, but also the particular end of 
the congregation. The congregation is entitled to 
the cooperation of all for the common welfare, which 
can only be obtained by the faithful observance of 
the constitutions. They do not ordinarily bind 
under sin, still they are not merely counsels, but 



III. CSap. iDbligattong 


89 


true laws. A grievous sin, however, could be com¬ 
mitted if the transgression implied a formal con¬ 
tempt of the law. Generally a transgression will 
mean a venial sin, as its cause is some unruly pas¬ 
sion. If the cause be honest, such as necessity, 
charity, etc., there would be no fault, as the con¬ 
stitutions are not supposed to be binding in such 
cases. 

169. Generally the constitutions do not bind in 
virtue of the vow of obedience. 

The religious does not make the vow to obey the 
constitutions, but to obey according to the consti¬ 
tutions. This means, not that one acts against the 
vow, if she transgresses the constitutions, but that 
the Superior has the right to command, in virtue of 
the vow of obedience, whatsoever is explicitly or im¬ 
plicitly conformable to the constitutions. If the 
command implies authority, not conveyed by the 
constitutions to the Superior, disobedience will not 
constitute a sin against the vow. 

Art. III. Obligation to Persevere in the Religious 
State 

170. Each religious, under either temporary or per¬ 
petual vows, is obliged to persevere in her vocation. 



90 


hi. Book, pc ottteion 


Very grave reasons are required for a religious to 
apply for a dispensation from her vows. The Bishops 
and the Holy See are the judges of these motives. 
Two reasons are generally conceded to be lawful 
to apply for a dispensation, to wit: need of parents 
and sickness. The last, however, will rarely be a 
sufficient cause. 






CHAPTER IV 

ABOUT LEAVING THE CONGREGATION 

171. A religious may leave her congregation 
either with the approval of the competent authority, 
or of her own will, or finally by compulsion. 

Art. I. Lawful Egress 
Sec. 1 . Joining Another Congregation 

172. No religious can join another congregation 
without the authorization of the Holy See. 

It would appear proper that before applying for a 
dispensation, the Sister acquaint the Superior 
General with her desire; her rights acquired by 
profession should not be overlooked. 

A religious joining another congregation, after hav¬ 
ing obtained the authorization of the Holy See, must 
begin her noviciate over again. 

During her noviciate her vows remain binding, 
while her particular rights and obligations in her 
former congregation are suspended. She must obey 
91 



92 


hi. JBoofc. jarofrggton 


her new Superiors and even the mistress of novices, 
in virtue of her vow of obedience. In case she does 
not persevere and make her profession in her new 
congregation, she must return to the former, unless 
she was under temporary vows and the time 
had expired. 

If a professed sister under perpetual vows join, 
with due permission, another congregation, after 
completion of the noviciate she takes at once per¬ 
petual vows, or must return to her former congrega¬ 
tion. The Superiors, however, have a right to try 
her for a longer period, but not for more than one 
year after completion of the regular noviciate. 

From the time of the new profession all connexion 
with the former congregation ceases, and the Sister 
assumes all the rights and duties of the new congrega¬ 
tion. The congregation, which she left, retains 
whatever it had already acquired on account of the 
sister, but the dowry with its non-matured interest 
and all personal property, if any, must be handed 
over to the new congregation. 

Sec. 2. Dispensation of Vows 

173. In diocesan congregations, the Bishop can 
dispense from temporary and perpetual vows, except 
the vow of perpetual chastity. 



iv. Cfjap. about lUabtng; Consttgation 93 


The proper Bishop is the one in whose diocese the 
residence of the religious in question is located, not the 
Bishop of the mother-house. The restrictions in regard 
to the vow of chastity refer to the vow of perpetual 
chastity made unconditionally, after completion 
of the eighteenth year. 

174. In congregations approved by the Holy See 
or which have received the decree of praise, the right 
to dispense from temporary or perpetual vows is 
reserved to the Pope. 

175. This reservation applies not only to the three 
ordinary vows, but also to a fourth, if, by exception, it 
has been accepted by the Holy See. 

176. The Sister herself applies for a dispensation 
of her vows, or the Superior General in the Sister’s 
name. 

Charity may induce the congregation to endorse, 
if necessary, the Sister’s request for a dispensation. 

Sec. 3. Secularization 

177. Secularization is an act by which a religious, 
after having obtained the authorization, is withdrawn 
from the authority of the Constitutions and of the 
Superiors and returns to the world. 

It may happen that exceptional circumstances 
oblige a professed Sister to break her profession 
engagements, without any fault of hers; such may 




94 


hi. Boofc. 


be: ill-health, a violent persecution. Secularization 
may be either temporary or perpetual. 

178. The Holy See alone can grant secularization 
to members of congregations approved by it. 

The reason is that the Superiors cannot, of their 
own authority, grant to their subordinates permission 
to stay indefinitely out of the convent, nor dispense 
them from observing the constitutions; more so, since 
secularization is generally accompanied by a dispensa¬ 
tion of the vows. For diocesan congregations the right 
to authorize secularization belongs to the Ordinary. 

179. The indult of perpetual secularization dis¬ 
solves the bond between the congregation and the 
secularized religious. 

Consequently the congregation is absolved from 
all obligations towards the religious, and she, on the 
other hand, is no longer bound by the constitutions, 
nor by her vows, if she has obtained a dispensation. 
If ever she desires to return, the Superiors shall decide 
whether the constitutions and circumstances justify 
a new reception. The religious secularized only for 
a time is bound by her vows and the obligations of 
religious life, in as far as she is able to keep them; 
at the expiration of the time fixed in the indult they 



iv. Cfjap. ftbout Etabing; Congregation 95 


not only have a right, but are obliged to return to 
the congregation. Those who leave the congregation, 
either after expiration of their temporary vows, or 
after obtaining an indult of secularization, or after dis¬ 
missal, have no claim for their work in the congrega¬ 
tion. If a religious has been received without a dowry, 
and cannot otherwise provide for herself, the congrega¬ 
tion must give her for charity's sake what is required 
that she may in a safe and convenient way return 
home, and also provide that for a certain time, to be 
determined by mutual consent, or in case of dissent 
by the Ordinary of the place, she may live honestly. 

Art. II. Illicit Egress 

180. Illicit egress does not dispense the religious 
from her vows, or from the obligations imposed by 
the constitutions. 

A religious may leave the congregation illicitly as 
an apostate, or as a fugitive. The new Codex makes 
the following distinction between an apostate and a 
fugitive religious. An apostate religious is one under 
perpetual vows, who unlawfully leaves the convent 
with the intention of not returning, or one who law¬ 
fully leaves the convent, but does not return with the 
intention of withdrawing herself from religious obe¬ 
dience. The wicked intention of not returning is pre- 




96 


IH. ®00fc. Pt0f£00f0n 


sumed in law, when the Sister does not return 
within a month nor has manifested to the Superiors 
her intention of returning. A fugitive religious is 
one who leaves the convent, without the permission 
of the Superiors, but with the intention of returning. 

181. An apostate or fugitive religious is obliged to 
return to her congregation and submit to the punish¬ 
ments inflicted by the constitutions or by her Superiors. 

Canon law does not prescribe any special punish¬ 
ment for such religious; the constitutions of each 
congregation should determine the point; in their 
defect, the Superiors should provide. The religious 
should hasten their return, because as long as they 
are outside they are in the state of mortal sin. 

The Superiors also are required to search for the 
fugitives, and to do all in their power to bring them 
back, that they may by penance expiate their fault. 

Art. III. Necessary Egress 
Sec. 1 . Dismissal 

182. Are considered as lawfully expelled by the 
fact itself: 

1°. Religious who openly apostatize from the 
Catholic faith. 

2°. Those who rim away with a man. 

3°. Those who attempt to or contract marriage, 
although it be only a civil marriage. 

In the above cases the Superior General has sim¬ 
ply to declare the fact, but she should see to it that 




iv. Cljap. about HeaWttg Congregatfon 97 


the proofs be properly entered upon the registers of 
the house. 

183. In Diocesan congregations the Ordinary of 
the place, in which the house is situated, may dismiss 
Sisters under temporary vows, but he should not use 
his right without the knowledge or against the just 
opposition of Superiors. (Canon 647 .) 

In congregations approved by the Holy See, such 
Sisters may be dismissed by the Superior General 
with the consent of her Council, as manifested by a 
secret ballot. 

184. Superiors and Ordinaries should consider it 
a serious matter of conscience, and cannot dismiss a 
Sister under temporary vows, except under the follow¬ 
ing conditions: 

1°. The causes for dismissal must be grievous. 

2°. The causes may proceed from the part of the 
congregation or of the religious. Such want of the 
religious spirit, as is a scandal to others, is a suffi¬ 
cient reason for dismissal, in the event that re¬ 
peated warnings together with a salutary penance 
proved useless. Sickness is no reason, unless it be 
certain that it existed prior to the profession and 
that the Superiors were fraudulently kept in 
ignorance of it. 

3°. Although the reasons for dismissal must be 
clearly known by the Superiors, it is not required 
that they be proven before a formal court. The 



98 


III. Soofc. Iptoitteion 


reasons, however, must always be communicated to 
the Sister, and full liberty to answer the charges 
must be given her, and her answer to the charges 
must be faithfully submitted to the Superiors. 

4°. The expelled religious may appeal to the 
Holy See against the decree of dismissal; pending 
the appeal dismissal has no juridical effect. 

5°. The prescriptions as given in No. 183 must 
be carried out. 

185. A Sister under temporary vows is, when dis¬ 
missed, freed from all her religious vows. (Canon 648 .) 

186. To dismiss Sisters under perpetual vows, 
grievous and exterior faults are required, together 
with incorrigibility. The incorrigibility must be proved 
by experience so as to leave no hope for amendment, 
in the judgment of the Superior General. 

In Diocesan Congregations, the Ordinary of the 
place, in which the house of the professed sister is 
situated, examines the causes for dismissal and 
issues the decree of dismissal. 

At a plenary meeting of the Pontifical Commission for the 
authentic interpretation of the Codex (November 24, 1918) the 
following question was discussed and answered: 

Whether religious vows taken before the promulgation of the 
Codex are to be governed by the laws in force before the Codex, 
in so far as the manner of dismissing and the effects of dismissal 
are concerned ? 

The answer was in the affirmative. 

Evidently the dismissal of a religious from her congregation 
and the effects of such dismissal touch substantially the vows 



iv. C&ap. about ^cabing Congregation 99 


made, in as much as the vows bind the religious to her congre¬ 
gation; hence it is clear that, as the bond was perfected before 
the Codex, it remains such afterwards, because the Codex has 
no retroactive force. 

187. In all approved congregations the Superior 
General remits the whole affair, with all the acts and 
documents, including the answers of the Sister to 
the charges, to the S. Congregation of Religious, who 
will then decide what is most expedient to do. 

188. In case of grievous and exterior scandal or of 
impending very great damage to the community, a 
professed Sister may be dismissed at once by the 
Superior General with the consent of her Council. 
If there should be danger in delay, and if there was 
no time to hear from the Superior General, the local 
Superioress with the consent of her Council, and 
with the consent of the local Ordinary, could send a 
guilty Sister back to the world. A religious so dis¬ 
missed must at once put off her religious garb. The 
whole affair must then without delay be submitted to 
the judgment of the Holy See, by the Ordinary himself 
or by the Superior General. 

189. A Sister under perpetual vows, if dismissed 
from her congregation, is still bound by her religious 
vows, unless the Constitutions or indults of the Holy 
See determine otherwise. (Canon 669 .) 

190. A Sister, who is dismissed but not freed from 
her religious vows, must return to the convent, and if 
during three years she has given proofs of perfect 
amendment, the congregation is obliged to receive 




100 


hi. Book, protegffitfon 


her. If there are serious reasons against readmission 
on the part of the congregation or of the religious, 
the matter must be submitted to the judgment of the 
Holy See. (Canon 672 .) 

Sec. 2. Violent Dispersion 

191. Suppression or dispersion of religious houses 
brought about by force, or by virtue of laws passed 
by the civil authorities, is null and void. 

Religious corporations depend exclusively upon 
the ecclesiastical authority, and consequently no 
civil power has the right to suppress them or dis¬ 
pose of their property. * , 

192. Dispersed religious are not relieved from their 
obligations, but must keep them at least substantially 
as circumstances will permit. 

This is the logical deduction of the previous prin¬ 
ciple. It is clear also that living out of the convent 
they cannot be held to the strict observance of dis¬ 
cipline or vows. There can of course be no relaxa¬ 
tion in the strict observance of the vow of chastity. 
In regard to the two other vows they must be kept 
as well as changed conditions will allow. In regard 
to the vow of poverty, a distinction must be made 
between acts implying acquisition or alienation of 
property, and those concerning the use of temporal 
property. The former require the same authoriza- 




iv. C&ap. about EeaWttff Cottffreijatfon 101 


tion as if the religious lived in the convent; for the 
latter greater latitude is allowed, that they may 
live modestly according to their condition. The 
Superiors, however, have a right to restrict that 
liberty. In regard to the vow of obedience, the 
religious must be governed by obedience in as far as 
circumstances will permit. 

193. Dispersed religious must, if possible, join 
other houses of the congregation, and follow the reg¬ 
ular observance. 

This principle is inculcated in all the indults and 
instructions of the Holy See. 

194. Dispersed religious are not deprived of the 
privileges granted to their congregation; but they 
do not always enjoy those conceded to their convent. 

Personal privileges follow the persons, who can 
enjoy them wherever they be; but local privileges 
are attached to particular places and, without a 
special indult, are not transferable to any other 
place. 

195. With a removal of the cause of dispersion, 
the dispersed religious are obliged to return to their 
convent. 

Religious, refusing to answer the call of their 
Superiors to return, are punishable. 






CHAPTER V 

OBLIGATIONS FOLLOWING THE VOWS 

Art I. Of the Vow and of the Virtue of Poverty 

Sec. 1. Definition and Object of the Vow of Poverty 

196. The vow of poverty is a deliberate promise 
made to God, whereby the professed Sister deprives 
herself of all independent disposition of temporal 
property, and of valuable objects. 

The essence of the vow of poverty, as made by the 
Sisters, consists in being deprived of the right to 
freely dispose of their earthly belongings; these are 
the words of Pope Pius IX. 

197. The possession or the use of temporal goods, 
independently of the will of Superiors, is the object 
matter of the vow of poverty. 

However strict poverty may be as prescribed by 
the constitutions, whatever is not, properly speaking, 
a temporal thing cannot be a matter of the vow of 
poverty, such are life, health, use of faculties and 
102 




v. CSap. flDbliffationsf JFollotofng; IPoto^ 103 


talents, supernatural gifts, manuscripts, relics, but 
not the costly case that may enshrine them. 

> 198. By the vow of poverty the religious renounces 
the right to perform any act of proprietorship not 
authorized by the Superiors. 

The vow of poverty forbids, 1°, any act of appro¬ 
priation, as, for instance, to take, keep, use, receive, 
borrow, or buy; 2°, any act of disposing of property, 
such as to give, sell, loan, or squander. 

Sec. 2. The Simple Vow of Poverty 

199. The simple vow of poverty makes illicit, but 
not invalid, any disposition of temporal things, with¬ 
out the consent of the lawful Superior. (Canon 579 .) 

The professed Sisters may retain ownership of 
present and future property, but, before profession, 
they must resign the administration, the usufruct 
and use, all of which they may convey to whomever 
they please. Whatever they afterwards acquire or 
inherit, whatever is not the fruit of personal indus¬ 
try, belongs by right, not to the convent, but to the 
professed Sister, who may dispose of it with the con¬ 
sent of the proper Superiors. 

Sec. 3. Practice of Individual Poverty 

200. The religious must, before making their pro¬ 
fession, cede by a private or public instrument the 



104 


m. 3 00ft. ^tote00(on 


administration, the usufruct and the use of their 
property to whomever they please, even to the 
congregation; but in this latter case they must first 
ascertain that it will be accepted. 

201. No revocation or change in the deed is al¬ 
lowed, pending the vows, without the permission of 
the Superior General. 

In case of death or resignation of the administrator, 
recourse must be had to Rome for the appointment 
of another, unless the necessity of an immediate 
appointment is absolute, and that there is danger 
in delay, when the consent of the Superior General 
will be sufficient. To obviate these difficulties, it 
may be well before profession to appoint several 
administrators, who in case of death or resignation 
might succeed one another. The deed appointing 
an administrator should extend for all the time the 
religious shall be under simple vows. A Sister under 
temporary vows could change the administrator at 
the expiration of these vows and appoint again whom¬ 
ever she pleases, for all the time she shall be in the 
convent. This seems very important, when, as 
should be the case, the deed is drawn up in a validly 
legal form. When the Sister leaves the congrega¬ 
tion, this disposition ceases to be binding. The 
cession or administration of their property cannot 





V. C&ap. j^bligatfong jFolIotofno; 105 


be made by the religious after profession, without 
the consent of the Superior General. No change 
can be made by which at least a considerable part 
of the property should be made over to the con¬ 
gregation. 

202. The religious shall proceed in the same manner 
in disposing of property that may come to them after 
profession, by way of heritage or donations. 

The same rules apply in disposing of these proper¬ 
ties as applied to the disposition of their property 
before profession; that is, the religious can freely 
dispose of them, even without the consent of the 
Superiors. 

203. A novice, before taking her temporary vows, 
is entirely free to dispose by testament of her present 
and future property. (Canon 569 § 3 .) 

Professed Sisters under perpetual vows cannot 
gratuitously abdicate their property by a donation 
inter vivos, and the testament they made before their 
temporary vows, cannot be changed without the 
permission of the Holy See. (Canon 583). In case of 
necessity, when there is no time to take a recourse to 
Rome, the permission of the Superior General, or if 
she could not be heard from, the permission of the 
local Superior would be sufficient to alter a testament. 




106 


in. Booh. $roW0ton 


204. Religious can perform all acts, required by the 
civil law, with the consent of the Superior General, 
or, in urgent cases, of the local Superior. 

205. The Sisters cannot in any way dispose of 
the dowry brought to the congregation. 

The law demands a safe, lawful and advan¬ 
tageous investment of the dowry by the Superior 
with her counsel and with permission of the Ordi¬ 
nary; the administration belongs to the convent, 
where the General or the Provincial commonly 
resides. 

Sec. 4. Practice of the Vow of Poverty in Community 

206. Whatever the Sisters acquire after their 
profession, either through their own industry or on 
account of the congregation, cannot be claimed or 
reserved by them as their own, but must go to the 
congregation for its benefit or that of the house. 


The disposal of these acquisitions without the 
consent of the Superiors is null and void. The Sister 
acquires for the institution all the fruits of her 
personal industry and all donations made to her as a 
member of the institution. The following example 
will serve as an illustration: A Sister waits on a 



v. Cfmp. flDbltffatfongf jfollotomff 107 


patient at her home, and in consideration of her 
services a legacy is left her. This belongs to the 
community, not to the Sister; she would not have 
received it, had not the institution sent her to take 
care of the patient. 

207. In the community all that regards furniture, 
provisions, and clothes is held in common. The 
furniture as all the rest must be conformable to pov¬ 
erty; there must be nothing superfluous, whilst at 
the same time necessaries shall not be denied to any 
one. 

The details in regard to this point should be in¬ 
serted in the book of customs rather than in the 
constitutions. Superiors should see that these points 
be observed and the transgressors reprimanded or 
punished. 

208. If a Sister leaves the congregation or is dis¬ 
missed, the entire dowry, without interest, however, 
must be returned to her. 

Sec. 5. The Permission of the Superior 

209. The permission granted by the lawful Supe¬ 
riors for any disposition of property takes away from 
the act the forbidden characteristic of ownership. 

Permission may be either general or especial, ex¬ 
press or tacit. Permission may be presumed when, 



108 hi. Soofc. $zoit& 0 lon 


owing to the urgency of the case or the impossibility 
of seeing the Superior, the Sister interprets the 
Superior’s will as not being opposed to the act 
which she is about to perform. 

The Superior General is the one to grant these 
permissions, or also the local Superiors, if this be the 
sense of the constitutions, or if this be the legiti¬ 
mately established custom. The permission of the 
Superior legalizes an act which would otherwise 
be an infraction of the vow of poverty. 

210. Permission granted by the Superior must 
not be inspired by fear or obtained under false pre¬ 
tences. 

Fraudulent permissions are void; the Superior 
grants the permission upon the reasons given her; if 
these are false, the permission is null. It would be 
different if to a number of true reasons, determining 
the Superior to grant the dispensation, false ones 
were added. It is a method that cannot be recom¬ 
mended, but the permission would be valid. Permis¬ 
sions extorted by fear are valueless like fraudulent 
ones. Using either kind of permission would be an 
infraction of the vow of poverty. 

211. Permission must be founded on lawful mo¬ 
tives. 



v. C&ap. fiDMt&ationg JFolIotofng Potog 109 


A religious is not justified in asking for exemp¬ 
tions without a reasonable cause; the Superior, on 
the other hand, cannot grant them without good 
reasons. She is not the proprietor but only the 
administratrix in the name and for the use of the 
community. 

212. A higher Superior has always the right to 
revoke permissions granted by a subordinate Supe¬ 
rior. 

She is not supposed to have done so, unless a for¬ 
mal declaration has been made to that effect. If 
the subordinate Superior refuses to grant a permis¬ 
sion recourse may be had to a higher Superior, who 
should be informed of the refusal. If a permission 
is refused by a higher Superior, the subordinate 
Superior may be approached, unless her right in 
the premises should have been formally suspended. 

Sec. 6. Sin against the Vow of Poverty 

213. There is no mortal sin against the vow of 
poverty, when there is not serious matter. But 
whether mortal or venial, the sin always includes 
the malice of a sacrilege, because it is the violation 
of a vow made to God. In disposing independently 
of her own property, a Sister sins against poverty; 
in so disposing of the property of the community, 




no hi. Koofc. latofcgjerton 


she commits a sin against justice as well. Authors 
do not agree as to what would be a serious matter 
against the vow of poverty; the constitutions or 
legitimate customs should declare what amount 
constitutes a grievous matter in the different com¬ 
munities. All this depends greatly upon the finan¬ 
cial conditions of the house and the nature of the 
misappropriation. 

214. A religious who has caused any damage to 
the community, if there be theological guilt, is bound 
to restitution, by saving what she can of licit ex¬ 
penses, wthout depriving herself, however, of what 
is necessary, because this cannot be the intention 
of either Superiors or community. The convent is 
not obliged to pay debts incurred by a Sister without 
the consent of the Superior. 

Art. II. The Vow and the Virtue of Chastity 

215. The vow of chastity not only forbids to marry, 
but also whatever is contrary to the virtue of chas¬ 
tity. 

The vow of chastity, whether temporary or per¬ 
petual, as made by a religious, is a prohibitive 
impediment of marriage; it renders marriage not 
invalid, but illicit. Lustful acts contrary to chastity 
are in themselves always grievous matter; but they 



v. Cfjap, fiDbUffatfoitg follotofttg; ©otogf in 


may constitute only a venial sin because of the want 
of reflection or of full consent. 

216. The constitutions should contain opportune 
safeguards for the preservation of chastity, without 
entering, however, into minute details. 

These safeguards or precautions are suggested by 
the nature and the purpose of the institution. One 
of the great dangers to be avoided is particular 
friendships either among the members of the same 
community, or with the children entrusted to the 
care of the Sisters, or also with the patients under 
their charge in hospitals or asylums. 

217.. All voluntary sin against the vow contains 
a double malice, being at the same time a sin of im¬ 
purity and of sacrilege. 

Art. III. The Vow and the Virtue of Obedience 

218. The obligation of the vow of obedience is 
limited to commands referring directly or indirectly 
to the constitutions or to the vows. 

The vow of obedience is a promise made to God, 
in an approved congregation, to obey lawful superiors 
in all things which they have a right to command, 
according to the constitutions. 

219. Hence it follows that for the vow of obedi¬ 
ence to bind, it is required that the command concerns 




112 


in. IBook. } 9 tofe 3 i 3 fon 


the religious state and is not an excess of power in 
the one giving it. 

1°. A religious pledges herself by vow to obey 
lawful Superiors not only in all things expressly 
contained in the constitutions, but also in all things 
implied by them. The Superior may command what¬ 
ever she deems necessary or useful for the observance 
of the vows or of the constitutions; if a religious wills 
the end, she must also be willing to submit to the 
means. 2°. But a Superior cannot command any¬ 
thing that is beyond the constitutions, such as, sending 
Sisters to the missions in infidel countries, when 
missionary work is not one of the purposes of the 
congregation. Nor can the Superior command any¬ 
thing that is beneath the constitutions, such as, some¬ 
thing absolutely useless or ridiculous, unless with 
a view of exercising the Sister in humility or 
other virtues; in this case it would be rather 
a question of virtue than of vow. The Superior 
cannot command anything contrary to the constitu¬ 
tions . Therefore nothing that is, a°, less perfect, b°, 
opposed to the constitution, or c°, evil. Interior 
acts cannot properly be the object of a direct 
command, such as, examination of conscience or 
meditation, but if indirectly commanded, the relig¬ 
ious spirit of respect for authority demands that 



v. CSap. flDMfffatfong JFoIlotofno; $otog( 113 


the Sister act according to the will of the Superiors. 
3°. The lawful Superiors are: the Pope, the Roman 
Congregations, especially the Sacred Congregation of 
Regulars, the Ordinary of the diocese, the general, 
provincial, and local Superiors, whose rights are 
defined by Canon law and by the constitutions. 

220. It is further required that the Superiors giving 
a command have the intention of binding their sub¬ 
jects. 

The obligation to obey supposes a binding com¬ 
mand, which would not exist if the Superior has no 
intention of binding the will of the subject. It is not 
sufficient that the Superior manifests a desire to the 
effect that something be done; to create an obligation 
there must be a positive command, expressed in 
such words as I command ; in this case the subject 
is obliged under venial sin only, unless the matter 
being grave the Superior intends to bind under 
mortal sin. But if the command is given in the 
following words: I command in the name of Jesus 
Christ or in virtue of holy obedience, it would bind 
under mortal sin. Such commands should be given 
only in exceptional circumstances. The Sacred 
Congregation suggests that they be given only in 
writing or at least in the presence of two witnesses. 



114 


hi. Boofe. 


Local Superiors, especially of smaller houses, should 
refrain altogether from giving such commands. 
Obedience is also due to minor officers in the dis¬ 
charge of their respective duties; if the constitutions 
or the Superiors have given them a right to com¬ 
mand in particular cases, the Sisters would not be 
justified in appealing to higher authority, without 
complying first with the command given. 

221. In case of doubt as to the lawfulness of the 
command, or to the authority of the one giving it, 
the religious is obliged to obey. 

In both cases all authors agree that the religious 
is obliged to obey, because the Superior cannot be 
deprived of her right to command, as long as the 
command is not proved to be illicit. 

222. Religious must submit to the regulations 
established by the Superiors, or the general and pro¬ 
vincial chapters, tending to the reformation of the 
congregation or of the community. 

The question here suggests itself whether a Sister, 
who has made profession, before the introduction of 
a reform, is bound to accept it. Here we must 
distinguish. If the manner in which the rule was 
observed warranted a reform, the Superiors have not 
only the right but the duty to reform and the subjects 




v. Cfjap, flDbltffattong jFollototng 115 


must submit. If the mitigation was introduced 
either by the Pope or by custom, in neither case 
would the professed Sister be obliged to accept the 
stricter observance, unless the reform was made 
necessary for the preservation of the congregation. 
Those professed after the introduction of the reform 
are obliged to accept it. If the reform emanated 
from the Holy See, all would be obliged to submit. 
Superiors should follow the example of the Holy 
See in the matter of reform and act prudently. 

223. The more or less perfect manner of keeping 
the constitutions or following the instructions of 
Superiors belongs rather to the virtue than to the 
vow of obedience. 

Exaggerations should be carefully avoided. To 
hear the voice of God in the sound of the bell calling 
to an exercise, to leave unfinished a letter begun, 
or to ask the Superiors’ permission in indifferent 
things refer to the virtue of obedience. Compari¬ 
sons between the acts of our Lord and those of the 
religious should be avoided. These exaggerations 
serve no other purpose than to trouble consciences. 

224. Sins against the vow of obedience may as¬ 
sume a different malice. 

Formal contempt of authority is the worst offence; 
this is, however, entirely distinct from contempt of 



116 


hi. ffiooft. profession 


the person who commands. Sins against the vow 
of obedience, 1°, are sacrilegious, because the virtue 
of religion is violated by it; 2°, they offend against 
humility, the foundation of religious obedience; 3°, 
by formal contempt of authority they imply a sin 
against the virtue of obedience; 4°, if refusal to 
obey is made in public, they become the cause of 
greater or less scandal. 





CHAPTER VI 

OBLIGATIONS IMPOSED BY THE ECCLESIASTICAL LAWS 

Art. I. Enclosure 

225. Congregations of simple vows shall have a 
partial enclosure to be determined by the constitu¬ 
tions, so that a part of each house must be set aside 
for the exclusive use of the Sisters, and into which no 
outsiders shall be admitted. (Can. 604 § 1.) 

226. For the houses of religious who have what is 
called episcopal enclosure , the Bishop reserves all the 
rights which are conceded to him by canon law. 


This disposition concerns Sisters who, like relig¬ 
ious with solemn vows, observe a strict enclosure, 
which, however, is called episcopal enclosure. The 
episcopal enclosure is not protected by papal ex- 
communications, although the Bishop may impose 
censures upon the violators, Sisters as well as stran¬ 
gers. The Bishop has for this kind of enclosure the 
same right as for that of sisterhoods with solemn 
117 



118 


hi. Book. profession 


vows. To him, therefore, belongs the right to give 
permission either to enter or to leave the enclosure, 
and in general to see to its careful observance, 
especially with regard to the regulations for the 
parlors. 

227. It is the Bishop’s duty to see that the partial 
enclosure, where it exists, be carefully observed and 
that no abuses creep in. (Can. 604 § 3.) 

The sisterhoods of this class are nearly all of recent 
foundation. Although very limited, this partial 
enclosure is obligatory, unless the approved consti¬ 
tutions specify to the contrary. As it is the Bishop’s 
duty to see that this provision be enforced, and as he 
cannot know the dispositions of the constitutions, 
unless he has read them, we therefore mention once 
for all that the Superiors should send a copy of the 
constitutions to the Bishop. 

228. When there is any need for the physician or 
workmen to enter the enclosure, the approval of the 
local Ordinary should, if possible, be first obtained; 
this may be given once for always. 

229. The Sacred Congregation does not approve of 
constitutions admitting men to teach the Sisters or 
their pupils. 

230. Whenever a Sister leaves the house for any 
reason, she must have a companion designated by 
the Superior. 



vi. C!)ap. (Ecclegrtasrtkal Hatosf 119 


No Sister can leave the house without permission, 
except in case of urgent necessity. All infractions of 
this rule should be severely punished. 

231. It is also desirable that the Sisters be not alone 
with visitors in the parlor; exceptions, however, may 
be made for parents, brothers, and sisters. 

232. Towards night the outside doors must be 
closed and the keys handed to the Superior. 

233. The apartments of the confessor or of the 
chaplain must have a separate entrance, and must 
not communicate with the apartments of the Sisters. 

The Sacred Congregations of the Council and of 
Regulars have at all times reminded the institutions 
of this point and insisted upon its observance. 







CHAPTER VII 

COMMON EXERCISES OF PIETY 

234. The religious shall devote some time each day 
to mental prayer. They shall also spend some time 
each day in the reading of approved spiritual books. 

Meditation is undoubtedly one of the most im¬ 
portant exercises of religious life. Superiors should 
only dispense from it rarely and for good reasons. 
This applies to the lay Sisters as well as to the choir 
Sisters. In case this, or any other common exer¬ 
cise, cannot be made at the proper time, the Supe¬ 
riors must provide some other suitable time for them, 
especially for the meditation. The obligation of 
the various exercises depends upon the manner in 
which they are prescribed by the constitutions. 

235. The religious shall make a yearly retreat. 
(Can. 595 § 1.) 

236. They shall also practice vocal prayer. To 

120 



vii. Cfjap. Common flEmcteeg o£ pfetj? 121 


the choir Sisters is especially recommended the reci¬ 
tation in common of the Little Office of the Blessed 
Virgin, or part of that office, but the recitation shall 
not oblige under sin. To all the Sisters is recom¬ 
mended the daily recitation of the Rosary, either in 
common or in private. 

Great discretion must be used not to overburden 
the Sisters with vocal prayers. Prayers that may be 
in use in the community, especially those that are 
not approved by the Church, should not be inserted 
in the constitutions. The office of the Blessed 
Virgin must be said in Latin, not in the vernacular. 
Even when prescribed by the constitutions, the reci¬ 
tation does not bind under sin, because the constitu¬ 
tions themselves do not so oblige. 

237. All the Sisters shall daily, if possible, assist 
at the Holy Sacrifice of the Mass. (Can. 595 § 2.) i 

238. Every day they shall make an examination of 
conscience. 

Besides this examination usually made towards 
evening, another is also recommended at noon. 





CHAPTER VIII 

MORTIFICATION AND PENANCES 

239. The Sacred Congregation does not approve 
institutions professing to lead an active life, which 
would exclude in their constitutions every act of 
bodily mortification, but it recommends the moderate 
practice of it. 

In this, as in everything else, excesses are injurious; 
corporal penances are salutary, and for this reason 
the Church recommends them, but excesses detri¬ 
mental to health, good order, and the works proper 
to the institution must be avoided. Superiors and 
confessors are the judges of what is advisable on 
this point. The constitutions may determine certain 
mortifications, and leave the rest to the fervor of the 
individual religious, who should allow themselves to 
be guided by obedience. As for penances which are 
inflicted as a punishment for faults committed, it is 
well to select those in general use in the congre¬ 
gations. 


122 




viii. c&ap, SH-tortificatfon ann Penances 123 


240. For ordinary mortifications practiced in pri¬ 
vate the Sisters must be guided by the confessor only: 
for exterior and public penances they must have also 
the permission of the local Superior. 

241. If in any congregation the chapter of faults 
is in use, it shall not be held more than once a week, 
nor less than once a month; the accusations shall 
be limited to the exterior transgressions of the consti¬ 
tutions, and the penances imposed must be seasoned 
with the spirit of discretion. 

The chapter of faults is a most useful practice in 
religious communities; the saints call it purgatory 
on earth. The Sacred Congregation does not ap¬ 
prove that religious accuse themselves of faults re¬ 
garding progress in virtue, nor that one member 
accuse the other, as this is liable to lead to abuses. 






CHAPTER IX 

SECONDARY MEANS TO PRESERVE DISCIPLINE AND 
FERVOR 

242. Letters sent or received must pass through 
the hands of the local Superior, who shall use her 
privilege of reading them with prudence and charity 
and under the seal of secrecy. 

The Superiors have the right to read all non-priv- 
ileged letters; but they must be guided by the spirit 
of discretion and prudence for all members of the 
community alike. They should not divulge secrets 
contained in them. The nature of their office, as well 
as the welfare of the community and of the indi¬ 
viduals demand great tact on the part of the Supe¬ 
riors. Superiors are not authorized to cause their 
inferiors any annoyance without good reason. 

The Superiors must read the letters addressed to 
them by their inferiors, but they cannot communicate 
their contents to others and cannot make use of any 
information if not for the good of the community or 
124 




ix. Cfmp. 2Dtec(plttu anti jlttfcot 125 


of the individual. The consent of inferiors in this 
matter cannot easily be presumed. The violation 
of letter secrecy is a serious offence, and may be a 
mortal or a venial sin, according to the nature of the 
injury caused by it. Violation would also lead to 
loss of confidence and subsequently to secret corre¬ 
spondence. Inferiors cannot send or receive letters 
without previously handing them to the Superiors. 
The contrary course would not be guiltless and 
would be punishable, as the constitutions may 
determine. 

243. Superiors have no right to open or inspect 
correspondence addressed or received from the Holy 
See, the Cardinal Protector, the higher Superiors and 
the Ordinary of the place. (Canon 611 .) 

Full liberty should be left to religious to correspond 
with their lawful superiors; the local Superiors need 
not even know that inferiors have written to the 
higher Superiors. Letters from those Superiors 
must be handed to the Sisters unopened. Local 
Superiors would be to blame if they showed any 
displeasure at such correspondence; they should, on 
the contrary, give their inferiors well to understand 
that they are perfectly free to correspond with these 
higher officials. 



126 


hi. 2300ft. ipt0fe0$tf0n 


244. The constitutions shall prescribe that silence 
be carefully observed in the church, in the chapel, in 
the choir and in the sacristy, as also in the refectory 
during meals, except on extraordinary occasions. 
Silence will also be kept in the whole house, with 
the exceptions demanded by the particular purpose of 
the congregation, especially during the night. During 
dinner and supper some pious book shall ordinarily 
be read. 





CHAPTER X 

THE SICK 

245. In all houses where it can be conveniently 
done, a part shall be set aside for an infirmary. One 
or more Sisters who excel in charity and fitness shall 
be appointed to take care of the sick. It shall be 
their duty, conjointly with the Superiors, to carry out 
the physician’s instructions, concerning food or med¬ 
icine. The physician must be called in time. 

The nurses must show the greatest devotion, but 
the sick themselves must not be unreasonable in 
their demands, and should bear their sufferings 
patiently as a means of sanctification and to please 
God. 

246. Still greater care shall be taken to procure for 
the sick the spiritual helps which their state may re¬ 
quire. Any confessor whom the sick Sister desires shall 
be called in as often as she wishes. In regard to the 
frequency of communion the decree “Sacra Triden- 
tina Synodus”of December 20 , 1905 , and “Post editam” 
127 



128 


hi. Pools. profession 


of December 7 , 1906 , shall be followed to wit: that 
on the advice of the confessor, if the Sister’s illness 
had lasted for a month without hope of a speedy con¬ 
valescence, Holy Communion may be given her once 
or twice a week, even when not fasting. She may 
take beforehand some soup, coffee, milk or other 
liquid, even mixed with some solid matter, provided 
the whole retains the nature of a liquid. 

247. When a religious is in danger of death, it is 
the duty of the infirmarians and of the Superior to have 
the last sacraments administered to her in time, and 
to procure at the last moment the assistance of a 
priest, as prescribed in the Roman Ritual. 

These two points should be inserted in the con¬ 
stitutions. The pastor of the parish shall, if pos¬ 
sible, assist the dying Sisters, unless the Bishop has 
entrusted that ministry to another priest. When 
there is danger of death the Superior must offer to 
call an extraordinary confessor. 






CHAPTER XI 

SUFFRAGES FOR THE DEAD 

248. The constitutions must determine the suf¬ 
frages to be made for deceased religious, and espe¬ 
cially the number of masses to be offered for the repose 
of their souls. 

It is a duty of charity towards deceased Sisters 
to obtain for them eternal rest by prayers, good 
works, and especially by the Holy Sacrifice of 
the Mass. 

Among those who have a right to these suffrages, 
we may mention the Pope, the Bishop, at least if 
the congregation is diocesan, and the benefactors 
either of the community or of the congregation. As 
to the number of masses to be offered, it would be 
well to adopt the practice of the church. The con¬ 
stitutions could prescribe a Mass on the day of death 
or burial, on the third, the seventh, and thirtieth 
day following, and on the first anniversary. The 
constitutions may allow a greater number of masses 
129 



130 


hi. Boofc. Profession 


for those who held more important charges; so the 
Sacred Congregation has intimated that for a local 
Superior at least seven masses should be offered. 
The constitutions must determine these various 
points. 




SECOND PART 

Exterior Government of Congregations 
with Simple Vows 

BOOK I 

The Authority of the Holy See 
CHAPTER I 

AUTHORITY OF THE SOVEREIGN PONTIFF 

249. The Sovereign Pontiff has supreme authority 
and jurisdiction over all religious congregations. 

The very nature of religious life demands from 
the Sisters submission to the ecclesiastical hierarchy. 
The Pope is the supreme Shepherd whom Christ has 
appointed to determine not only what the faithful 
in general should do to save their souls, but also 
what those who have pledged themselves to higher 
perfection should do to attain the end of their call¬ 
ing. The Sovereign Pontiff can exempt religious 
131 



132 ii. $att. i. 25ooft. SLutboxitv ot H?ol£ &et 


from episcopal authority, but he cannot dispense 
them from obedience to himself. Although the 
religious do not formally promise obedience to the 
Pope, yet they are bound in virtue of obedience to all 
the commands given, and all the reforms imposed by 
him; this obligation corresponds to his right of juris¬ 
diction. History tells us that on the strength of this 
right the Sovereign Pontiffs have approved, reformed, 
and suppressed religious orders and congregations, 
either directly or by others delegated for the purpose. 

250. However great this power is, the exercise of 
it is limited to what the religious has explicitly or 
implicitly promised at the time of her profession. 

The religious state is not of precept, but only of 
counsel; and all who embrace it promise to tend to 
perfection by the means determined by the nature 
and purpose of the individual congregations. The 
right of the Pope is therefore limited by the terms of 
the contract of profession, varying according to the 
different congregations; but he may exercise his 
right in all that the religious have promised, in all 
that is necessary for the preservation of discipline, 
in all that concerns the nature and the particular 
purpose of the congregation. Hence his right to 
reform relaxed discipline. The constitution “ Con- 
ditse” was a recent proof of it. 




CHAPTER II 

AUTHORITY OF THE ROMAN CONGREGATIONS 

251. The Sacred Congregation of Regulars has a 
direct jurisdiction over all congregations approved by 
it. 

This Sacred Congregation was formerly divided 
into two sections, which have been reunited by the 
“Motu Proprio” of May 26, 1906. We add the 
principal points which according to the Code must 
be referred to the Sacred Congregation: Approba¬ 
tion of new congregations, suppression of existing 
houses, erection and translation of noviciates, erec¬ 
tion of new provinces, change of residence of the 
Superior General and her council, alienation of 
property, dismissal of a Sister with perpetual vows, 
dispensation of vows, changes to be made in the con¬ 
stitutions and their authentic interpretation, calling 
of an extraordinary general chapter, confirmation of 
the re-election of the Superior General, deposition or 
resignation of the Superior General, deposition of the 
133 



134 ii. part. i. $ook. &ut&otftp of 


General Assistants, triennial report of the Superior 
General concerning the discipline and the material, 
economic, and personal condition of the congregation, 
difficulties between the congregation and the Bishops, 
indults of secularization. 

The jurisdiction of the Sacred Congregation of 
Regulars over the institutions is almost universal; 
the religious owe it obedience as to the Pope. 

252. The other congregations have no other author¬ 
ity over religious than within the limits of their 
particular work. 




CHAPTER III 

THE CARDINAL PROTECTOR 

253. The Holy See generally gives a Cardinal 
Protector to religious congregations who request it. 

The Bishops cannot be the general Superiors of 
congregations approved by Rome; on the other hand, 
the General Superiors seem to need some protection 
without prejudice to the jurisdiction of the Ordina¬ 
ries; this has led the Holy See to appoint Cardinals 
as Protectors of the various congregations. 

254. The Cardinal Protectors are generally chosen 
from among the Cardinals resident in Rome. 

255. The Cardinal Protectors have no longer ordi¬ 
nary jurisdiction over the congregations placed under 
their patronage. 

256. The office of the Cardinal Protector is to pro¬ 
mote the welfare of the Congregation by counsel and 
patronage. 


135 








BOOK II 

Authority of Bishops over Religious 
Congregations 

CHAPTER I 

RIGHTS OF THE BISHOPS IN THE GOVERNMENT 

Art. I. Election of Superiors 

Sec. 1 . Diocesan Congregations 

257. The right to preside over the election of 
Superiors belongs to the Bishop; he can either pre¬ 
side himself or send a delegate. 

The constitutions of each congregation must clearly 
define the manner of electing Superiors. This applies 
chiefly to the election of Superiors General, as the 
local Superiors and other officials are generally 
appointed by the Superior General and her council. 
It is needless to remark that the President must use 
great discretion, and should not propose or insist on 
137 



138 ii. $att. ii. Sooft. &ut&0ritp ot 


the election of any Sister in particular. The Holy 
See has repeatedly intimated its wish that the scru¬ 
tineers should be chosen from among the electors, 
and that the chaplain or confessor should not act 
in that capacity. 

258. The Bishop has the full right either to con¬ 
firm or annul the election according to the dictates of 
his conscience. 

To confirm an election means to declare that the 
election is canonical, and to ratify it by authority. 
The confirmation is not a simple declaration of 
results. Leo XIII conferred on the Bishop also the 
right to refuse his consent to an election. In case 
of annulment, the election is to be repeated. After 
the third ballot without results, the Bishop makes 
the appointment. 

259. By the very fact of their election and ap¬ 
proval the Superiors have the right to fulfil their 
duties. 

This right enables them to govern their community 
according to the provisions laid down in the consti¬ 
tutions. 

Sec. 2. Non-Diocesan Congregations 

260. In non-diocesan congregations the Bishop or 
his delegate is present at the election of Superiors 



I. Cf)ap. 2Bt0f)op3’ Kia!)t3 in (Bobernmmt 139 


General, not in his ordinary right, but as a delegate 
of the Holy See. 

The new Code (Can. 506 §4) prescribes the 
presence of the local Ordinary or his Delegate at 
the election of the Superior General; it does not 
mention, but does not exclude his presence at the 
election of the Supreme Councillors and officers. 

261. The Bishops cannot change or alter the gov¬ 
ernment by right established in the constitutions, 
neither for the general or local Superiors. 

The Bishops may not interfere with the internal gov¬ 
ernment of approved congregations. They have no 
right to require the Superiors General to obtain their 
previous consent for the transfer of a religious; they 
have no right to demand the change of a local Supe¬ 
rior without serious reasons. 

Art. II. Canonical Visitation by the Bishop 
Sec. 1 . Diocesan Congregations 

262. The Bishop has the “ right of visitation ” in 
the houses of diocesan congregations and to be in¬ 
formed of the manner in which virtue is practiced 
and discipline kept, and also of the financial condi¬ 
tion of the congregations. 

If the congregation has houses in other dioceses, 
the Bishop, even of the diocese in which the mother- 




140 n. part n. Soofc. autfiodtp ot Stefjopg 


house is situated, has no right to intervene in the 
administration and general government of the con¬ 
gregation independently of the other Bishops. In 
his own territory the Bishop can by himself or by a 
delegate hold visitation of all the communities, in¬ 
cluding the mother-house. No previous notice need 
be given to the Superior or her council. The Bishop 
may on such occasions inspect the church or chapel, 
inquire about the observance of the canonical laws 
concerning the altars, the worship of the Blessed 
Sacrament, the confessionals; about the relations of 
the religious with the outside world, the practice of re¬ 
ligious observance, and the temporal administration. 
Every five years the Ordinary or his delegate must 
hold a canonical visitation of all the houses of a 
diocesan congregation. 

263. The Bishop can correct or punish the reli¬ 
gious for faults committed. 

This right is all the more necessary as Superiors 
cannot impose other punishment than that provided 
by the constitutions, when use must be made of more 
stringent measures, requiring the power of the keys. 

264. The Bishop has the same right of visitation 
in all schools, hospitals, academies, and similar 
institutions, directed by the Sisters. 




i. C&ap. ffitefjopgr Eights* in (Eobernmmt hi 


The canonical visitation of the Bishop does not 
prevent nor take the place of the visitation by the 
General Superiors, as prescribed in the constitutions. 

Sec. 2 . Non-Diocesan Congregations 

265. In all houses of congregations with simple 
vows, the respective Bishops have the right to visit 
the churches, public chapels, places serving for the 
administration of the sacrament of penance, and to 
give any directions concerning them which they con¬ 
sider opportune. (Canon 512 § 2 , 2 0 ) 

These rights of the Bishop apply also to all congrega¬ 
tions approved by the Holy See. The Superiors must 
see that the canonical prescriptions are carried out by 
their subjects. This is their privilege and their duty. 

266. It is the Bishop’s right to inquire whether the 
discipline is observed according to the rule, whether 
the right doctrine and sound morals have not suffered, 
whether the enclosure has not been violated, and 
whether the religious receive the sacraments regularly 
and frequently. (Canon 618 § 2 , 2 0 .) 

267. If the Bishop should notice any abuses in 
the government of the house, he will point out the 
matter to the Superiors; it they fail to act, the Bishop 
will proceed to apply a remedy himself. If there 
should be any very serious deviations, which admit 
of no delay, the Bishop will settle the matter imme¬ 
diately, but must refer his decision to the Sacred Con- 





142 ii. J9art II. JBoofc. flutfioritp ot Bto&op* 


gregation of Regulars. (Canon 618 § 2 , 2 °.) 


Although the Sacred Congregation leaves the su¬ 
preme supervision of these congregations to the 
Bishops, it wishes at the same time that the authority 
of the regular Superiors shall be safeguarded; it is 
their duty to take the proper steps when occasion de¬ 
mands. There are, however, two exceptions: a, when 
a remedy must be urgently applied to a serious situ¬ 
ation, in which case the Bishop can act without the 
concurrence of the Superiors, but he must send im¬ 
mediately his decision with his reasons to the Sacred 
Congregation; b, when there is negligence on the part 
of the Superiors, that is, if the Bishop finds something 
to be corrected, and having been warned they fail to 
act, he may take the proper steps himself. But in 
this case the Superiors have a right to appeal to the 
Sacred Congregation, whose decision shall be final. 

268. If the houses have other establishments 
attached to them, such as academies, orphanages, hos¬ 
pitals, schools, asylums, all these are subject to epis¬ 
copal supervision in all that concerns the teaching of 
religion, good morals, exercises of piety, without preju¬ 
dice, however, to the privileges granted by the Holy 
See to such colleges, schools, or other establishments. 



I. C&ap. IBtfo;!) t# in (Bohemment 143 


This article treats of houses and works founded 
and directed by the congregations, and only to them 
does the Holy See grant a sort of exemption in 
as far as the administration is concerned. When 
these works have not been founded by the relig¬ 
ious, but simply entrusted to their care, the ad¬ 
ministration belongs either to the founder or to 
the person who must provide the income; and if 
they are diocesan or parochial, they are subject to 
the authority and supervision of the Bishop. The 
exercise of episcopal authority in non-exempt con¬ 
gregations is limited to the points determined 
by canonical legislation. The chief points are 
the following: the teaching of religion, how it is 
conducted, whether the diocesan regulations are 
complied with, etc. Good morals, whether there 
are public and scandalous abuses, the supervision 
of children, of the sick and of boarders. The exer¬ 
cises of piety in use in the establishments; the 
manner of divine worship, and the administration 
of the sacraments. The religious are in these cases 
considered as members of the faithful rather than of 
a congregation. We shall have more to say about 
this distinction hereafter. The episcopal visitation 
in the houses of which we treat, should be held every 
five years. 




CHAPTER II 

RIGHTS OF THE BISHOP CONCERNING THE TEMPORAL 
ADMINISTRATION 

Art. I. Administration of the Property 
Sec. 1 . Diocesan Congregations 

269. The Bishop has the right to examine the ac¬ 
counts of all houses in his diocese. 

The property of the various houses belongs to 
the congregation; the Superiors are therefore the 
natural administrators of it. If, however, the Bishop 
in approving the constitutions has reserved any 
part of the administration to himself, he may law¬ 
fully exercise such, keeping in mind that in doing 
so he administers the property of the community, 
not his own. Hence he has the right to examine the 
accounts of all houses in his diocese, frame regula¬ 
tions to be followed by the Superiors, approve the 
administration of the property, and change officials, 
if they give proof of negligence, after first warning 
144 




ii. Cfiap. temporal &tmt(ntetrat(on 145 


the Superiors, and to see whether the constitutions 
are observed in regard to the administration of tem¬ 
poral property. If there should be an excess of 
income over expenditure, the Bishop has no right 
to dispose of it, because it belongs to the congrega¬ 
tion, which, however, may compensate the Bishop 
for his trouble. 

Sec. 2. Non-diocesan Congregations 

270. The Bishop has no right to demand an ac¬ 
count of the administration of property of the con¬ 
gregation or of individual houses, except in the case 
of lands, or foundations, the revenue of which must 
be spent either for the service of the church or in 
assisting the needy of the place or of the diocese. 

271. Every fifth year or oftener, if the approved 
constitution so state, the Superior General must 
send to the Sacred Congregation of Regulars a report, 
which must be verified and signed by the Bishop in 
whose diocese the mother-house is located. 

Art. II. Administration of Property Pertaining to 
Divine Worship or Works of Charity 

272. If funds have been assigned or left by will to 
a particular house in order to provide for the expendi¬ 
tures of divine worship or for a charitable local work, 
the Superior of the house shall administer it, but 



146 n. part. ii. ffiooft. aut&oritp of Btefiop* 


subject to the recommendations of the Bishop. The 
Bishop can at any time examine the accounts of ex¬ 
penditure and income, and supervise the administra¬ 
tion of these funds in diocesan as well as approved 
congregations. 

The property and the funds over which the Bishop 
has the right of supervision are foundations or dona¬ 
tions destined for church or chapel expenses, or for 
the local works in charge of the religious; the funds 
are not the property of the religious. The works 
which the religious have neither founded nor en¬ 
dowed remain under the jurisdiction of the Bishop, 
who has always been regarded as the guardian of 
the poor. The constitution “Conditse” conferred 
on the Bishops a threefold right in regard to the 
funds and properties of which we here treat: 1°. 
To call for an account when he thinks fit. 2°. To 
see that the revenue from these sources be spent 
for the purposes designated. 3°. To see that the 
capital or stock is not lost, or devoted to other 
than its lawful purpose. 

The Superiors must be open with the Bishop, and 
not use the revenues for other than the purposes 
designated. 

What we have said of works of charity applies 
also to foundations of masses, or other obligations 



ii. Cljap. ®empotai ftbminfettatfon 147 


to be fulfilled in the chapels of the congregations. 
Religious communities cannot accept any founda¬ 
tion for masses to be said in their chapels without 
the consent of the Bishop. 

273. If the congregation itself has founded estab¬ 
lishments of charity or of worship, the Bishop has 
no right over the temporal administration of these 
funds. 

The funds to keep up these establishments are the 
property of the congregation or of the community. 
If the congregation is approved by the Holy See, the 
Bishop has no right to intervene in the temporal 
administration, but he preserves all other rights 
conferred upon him by the constitutions. The Bishop 
cannot impose upon these establishments charges 
not foreseen in the approved constitutions. 

274. The Sisters cannot go out collecting without 
the consent and the permission of the Bishop. 





CHAPTER III 

RIGHTS OF THE BISHOP IN SPIRITUAL MATTERS 
Art. I. General Principles 

275. The Bishop has full jurisdiction in spiritual 
matters over all diocesan congregations. 

As these congregations are approved by him and 
depend solely upon him, they are naturally subject 
to him; the Bishop may grant them a partial or 
total exemption from the jurisdiction of the parish 
priests as he sees fit. 

276. The members of approved congregations are 
also subject to the authority of the Bishop in all 
matters for which no exception is made in the ap¬ 
proved constitutions, or by pontifical rescripts or 
constitutions. 


Art. II. Worship 
General Principle 

277. For all that regards the divine worship the 
members of congregations of simple vows are en¬ 
tirely subject to the Bishop. 

148 



in. C&ap. fepfutual IBUg&tg ot Bte&opg 149 


Sec. 1 . Opening of Churches , Chapels, and 
Oratories 

278. The Bishop has the right to grant or to refuse 
permission for the erection of new churches, or new 
oratories, whether they be public or semi-public. 

These churches or oratories may be either existing 
churches, which the Bishop entrusts to the congrega¬ 
tion, or churches to be built by it. If these oratories 
are intended for the community rather than for the 
faithful, they are semi-public; in them the faithful 
may comply with the precept of hearing Mass on 
Sundays and holidays of obligation. 

The Bishop can permit the erection of several 
semi-public oratories besides the principal one, as, 
for instance, in the infirmary or other parts of the 
house, where there may be a special need for such. 
The right of blessing these oratories belongs to the 
Bishop or his delegate. As they are only semi¬ 
public, they need not be blessed, and if they are to 
serve afterwards for other purposes, they should 
not be blessed. 

279. In these chapels, the ceremonies of Catholic 
worship may be performed by the authority and with 
the permission of the Bishop. 






150 ii. part. ii. ffioofc. ftutfiorttp ot Ste&op* 


We mean here all ceremonies not reserved to the 
pastor. With the general or, as the case may be, with 
the special permission of the Bishop, low and high 
Mass may be offered and the following ceremonies per¬ 
formed: the blessing of candles, ashes, palms, fire, and 
eggs, the functions of Holy Week, the Forty Hours’ 
Devotion, the Asperges before Mass on Sundays, etc. 
The Bishop confides this ministry to a priest dele¬ 
gated by him, and gives him the necessary faculties. 

Art. III. Administration of the Sacraments 
Sec. 1 . Baptism and Confirmation 

280. It is not proper for the Sisters to be godmothers. 

Having left the world, it would be very difficult 
for them to look after their god-children, in case the 
parents should not do their duty. The Sisters, how¬ 
ever, could act as godmothers in the absence of other 
eligible persons with the express permission of at 
least the local Superior. (Canon 766, 4°.) 

281. The diocesan Bishop confers the sacrament of 
Confirmation on the Sisters and on all those under 
their charge. 

Sec. 2. Eucharist 

282. The Blessed Sacrament may be kept in the 
principal oratory, whether public or semi-public, 




III. Cfmp. fepfrittial lEUafita ot Bte&opgf 151 


of a religious house with the permission of the Or¬ 
dinary. (Canon 1265 , § 2 0 ) 

This is the difference between a public and semi¬ 
public oratory, that all the faithful are entitled to 
attend a public oratory, at least during the celebra¬ 
tion of the divine offices, whereas in a semi-public 
oratory some may be excluded. (Canon 1188.) 


283. In all oratories, in which with due permission, 
the Blessed Sacrament may be kept, private exposition 
of the Blessed Sacrament, that is, with the pixis only, 
may be had for any just cause, even without the special 
permission of the Ordinary. The public exposition, 
that is with the monstrance, may be had in all churches 
and public or semi-public oratories on the feast of 
Corpus Christi and its Octave, during Mass and 
Vespers. On all other occasions it cannot be had 
without a just and serious cause, especially of public 
interest, and without the consent of the Ordinary. 
(Canon 1274 .) 

284. In all churches in which the Blessed Sacra¬ 
ment is habitually kept, the Forty Hours’ devotion 
should, with the consent of the local Ordinary, be 
celebrated with all the solemnity possible. Where 
this is practically impossible, the local Ordinary shall 
arrange that on fixed days for at least some hours the 
Blessed Sacrament shall be exposed with more than 
ordinary solemnity. (Canon 1275 .) 






152 II. part. ii. ©oak. flut&ontp ot ©fgfiopg 


The above canon treats only of churches, but it 
will probably also apply to public and semi-public 
oratories, where the devotion can be properly cele¬ 
brated. 

285. To keep the Blessed Sacrament in chapels and 
oratories that are not public or semi-public, an apostolic 
indult is necessary. 

286. The key of the tabernacle in which the Blessed 
Sacrament is kept, must be guarded most diligently; 
it is a most conscientious duty on the part of the 
priest in charge of the church or oratory. (Canon 
1269 § 4 .) 


Sec. 3. Penance 

287. To each house of Sisters there shall usually 
be assigned only one ordinary confessor; unless the 
great number of religious, or some other just motive, 
necessitate the appointment of two or more. (Decree 

“Cum de Sacramentalibus.”) 

By its decree of February 3d, 1913, the Sacred 
Congregation of Religious collected, co-ordinated 
and modified the laws, concerning the sacramental 
confession of Sisters for the purpose of safeguarding 
liberty of conscience. The decree treats of ordinary, 
extraordinary and special confessors. All the dis¬ 
positions of this decree have been adopted in the 
new Code. Hence we leave this Section like it 
appeared in a previous edition of the “Handbook” 

288. The ordinary confessor, as a rule, should not 
hold this office for more than three years. 



m. c&ap. Spiritual IBUgStg of Bigtjopg 153 


The Bishop, however, may appoint him for even 
a second and third term of three years, if the follow¬ 
ing conditions are verified: 1°, if through lack of 
priests suitable for this duty he cannot otherwise 
provide, or, 2°, if by secret ballot a majority of the 
whole community request his retention. In this 
case all in the community have a vote, even those 
who in all other matters have none. . . . Any religious 
who may have no right to vote in other matters, has 
a strict right to this vote. The decree also stipulates 
that those who are not in favor of retention must be 
provided for in some other way, if they so desire. This 
does not apply to the extraordinary confessor. Cer¬ 
tain qualifications are required for the confessors, 
but it rests with the Bishop to judge of these and 
to dispense in certain cases. 

The Sisters should go to confession, as a rule, to 
the ordinary confessor, unless in their opinion the 
welfare of their soul demands otherwise. 

289. At least four times a year an extraordinary con¬ 
fessor must be given to each religious house. 

All the Sisters must appear before this extraordi¬ 
nary confessor in the Confessional, at least to receive 
his blessing. The ordinary confessor may not be 
appointed as extraordinary until one year has elapsed 



154 ii. part n. Book* SLutlioiitv of 25teIjop* 


from the expiration of his term of office. An extraor¬ 
dinary confessor may be immediately appointed to 
the office of ordinary confessor. 

290. A special confessor or spiritual director should 
be given for certain reasons. 

The new Codex (Canon 520 § 1) stipulates that 
the Ordinary will appoint for each religious house 
several priests, whom each religious in particular 
cases can easily send for to hear her confession. 
For the peace of her soul or greater progress in spiri¬ 
tual perfection, any religious may apply to the Bishop 
for a special confessor. The Bishop will see to it 
that no abuses arise from such concession. 

The special confessors are warned to dismiss the 
Sisters prudently, when they see that there is no just 
reason in calling them. 

Any religious, when seriously sick, although not in 
danger of death, may call any priest approved to 
hear confessions, and may confess to him as often as 
she wishes during this serious sickness. If, notwith¬ 
standing the above prescriptions, a religious for the 
peace of her conscience, goes to confession to any 
priest approved by the Ordinary to hear confessions 
of women, the confession so made in any church or 
semi-public oratory is valid and lawful. 



m. C&ap. Spiritual IBtfff&tg of IBtsi&opg 155 


291. Superiors should not interfere with liberty 
of conscience. 

If a religious requests an extraordinary confessor, 
no Superior may, either personally or through others, 
either directly or indirectly, inquire into the reason 
of the request or refuse the petition by word or deed 
or in any way show that she tolerates it unwillingly. 
Religious are not to be influenced on this point by 
their Superiors; in case they go to confession outside 
of the house, they are not bound to mention the fact 
to their Superiors. The Sisters, however, are ad¬ 
monished, not to use the privilege of asking for a 
special confessor, except for their spiritual good, and 
greater progress in religious virtues, apart from all 
human considerations. 

As a proof of the concern of the Holy See in safe¬ 
guarding liberty of conscience, the decree determines 
that if a Superior fail in this regard, her own Ordinary 
shall first admonish her and upon a second offence 
depose her, but inform at once the Sacred Con¬ 
gregation of Religious of the step he has taken. 
(Canon 2414.) 

For diocesan congregations the case would not 
need to be reported to Rome; the Bishop could of 
his own authority proceed against the guilty Superior. 
Local Superiors are obliged to see to it that religious 



156 n. part. n. IBook. &ut&ontp o t 


discipline shall not suffer either from too frequent 
visits to confessors outside of the house or from 
similar causes. It may be best for them, when real 
excesses are committed or real abuses exist, to report 
the matter to the Bishop or his delegate and to abide 
by their decision. 

292. The Sisters are forbidden to talk among 
themselves about the confessions of their companions 
in religion. 

They are also forbidden to criticise Sisters who 
confess to an other than the designated confessor. 
The decree provides that the guilty ones on this point 
must be punished by the Superior or the Ordinary. 

293. The Decree “Cum de Sacramentalibus” 

must be added to the rules and constitutions of each 
and every religious congregation, and be publicly 
read in the vernacular once a year in a chapter of all 
the religious. 

294. The confessor should not hear confessions 
except in the confessional, which is not to be placed in 
the sacristy or in any other hidden place. 

In other words, the confessional should be placed 
in the public or semi-public chapel. In case of neces¬ 
sity, however, the confessional might be placed in 
another room, provided both the confessor and 



m. Cfiap. Spiritual Elgjte ot ©fe&opg 157 


the Sister can be seen. Although these prescriptions 
were given for sisterhoods of solemn vows, yet the 
motive prompting them is the same for all. 

295. The confessor has no authority to dispense 
from ecclesiastical fasting or abstinence. 

He may declare in particular cases that the law 
is not binding, but he cannot dispense without spe¬ 
cial faculties. 

296. The confessor must avoid meddling with the 
government of the community and especially with 
the administration of the property. 

He is not forbidden, however, to give an advice 
when requested, or to direct penitents with reference 
to their duties. 

297. The dwelling of the ordinary confessor must be 
distinct from the convent, or at least must have a 
separate entrance and not have any communication 
with the dwelling of the Sisters. 

298. It is not the intention of the Holy See that 
either the ordinary or extraordinary confessor should 
at the same time be director of the community; the 
Bishop can appoint a delegate either for each house 
in particular or for all the houses of the diocese. 

Formerly the Bishop could delegate his authority 
to a spiritual director, to represent him and to govern 



158 ii. part. n. 25ooft. &ut&ontp of Btefiopg 


the congregation. But since the Sacred Congrega¬ 
tion of Regulars has taken into its own hands the 
government of institutions which have at least re¬ 
ceived the decree of praise, it has done away with 
the prerogatives which were formerly attached to 
that charge; they would now be a derogation from 
existing regulations. The Bishop can, however, 
have an intermediary between himself and the 
approved congregations established in his diocese; 
the powers of this delegate are limited to the facul¬ 
ties given him by the Constitution “Conditae.” 

For diocesan congregations immediately subject 
to his jurisdiction, the Bishop can delegate a 
spiritual director for the houses within the limits 
of his diocese. 

Sec. 4. Manifestation of Conscience 

299. The decree “Quema dumdum” of Decem¬ 
ber 15, 1890, had especially in view the reform 
of a threefold abuse: a, of the manifestation of 
conscience, which in many communities had be¬ 
come a detailed confession such as should be re¬ 
served exclusively for the sacrament of Penance; 
b, of refusing extraordinary or special confessors, 
when the subjects had real need of them to settle 
their conscience; c, of refusing or permitting to 




in. Cfiap. spiritual of Ste&opg 159 


communicate, not as directed by confessors, but 
by Superiors. These are the motives which 
prompted the Sacred Congregation to publish the 
decree, and to make it obligatory on all congrega¬ 
tions, societies, or institutions of women with 
simple or solemn vows. 

300. All religious Superiors are severely forbidden 
to induce their subjects in any way whatsoever to 
perform a manifestation of conscience to themselves. 
(Can. 530 § 1.) 

The law does not admit of any exceptions; 
it applies even to clerical congregations. There¬ 
fore all contrary dispositions must be expunged 
from constitutions, manuals and directories. As 
all constitutions have to be revised and brought 
in conformity with the Code, similar dispositions 
will of course disappear in them, but they should 
not survive in manuals or directories. It is 
apparent that whereas such manifestation in 
clerical congregations is absolutely forbidden, it 
must with all the more reason be in congregations 
of women. 

301. The Superiors of all communities are for¬ 
bidden to solicit either directly or indirectly a mani¬ 
festation of conscience. 




160 II. $att ii. ffioofe. flutijoritp ot ffite&opsf 


The reasons of this prohibition seem to be, 1°, 
that such superiors have not received the mission 
to scrutinize or to judge the consciences of others; 
2°, that in matters of conscience full liberty is 
given to confer with the confessor, who has the 
special mission to direct souls entrusted to him. 

The manifestation which the Superiors are for¬ 
bidden to solicit, is of faults committed, of temp¬ 
tations, dangers, desire of virtue, interior spiritual 
progress; in a word, all that regards the interior of 
the heart is withheld from the authority of the 
Superiors. But this does not apply to exterior 
transgressions; if, for instance, a Sister leaves the 
convent without permission, it is the Superiors’ 
right and duty to demand an explanation; if 
they remark that the Sisters entertain special 
friendships among themselves or with the pupils, 
it is their right to investigate, etc. The above also 
applies to mistresses of novices in regard to the 
novices. 

302. Superiors guilty of this offence should be 
denounced. 

This was a positive command of the Holy See 
binding subjects to denounce Superiors who should 
have solicited the manifestation of conscience. 




hi. Cljap. spiritual IBtfff&to of Btefjopa 161 


It is clear from the wording of the decree that this 
offence was considered very serious; the punish¬ 
ment to be inflicted was a further proof of it. There 
may be, however, levity of matter either because 
the manifestation regarded a point of minor im¬ 
portance, or because the solicitation occurred but 
once. If the guilty party is one of the subordinate 
Superiors, the denunciation should be made to the 
higher Superiors, who in the case of independent 
communities are the Bishop or the Holy See, or 
the regular Superior if the congregation is placed 
under the jurisdiction of a religious order. If 
the Superior General is the guilty party, she should 
be denounced to the Sacred Congregation of 
Regulars. There would be no need of reporting 
Superiors if no serious fault has been committed 
or if they have seen their mistake, and with proper 
apology abstain from further transgression. The 
decree seems to view habitual transgression. 

303. The Codex does not forbid subjects to mani¬ 
fest their consciences spontaneously and voluntarily 
to their Superiors. (Can. 530 § 2.) 

Voluntary manifestation of conscience should 
be made solely for the purpose of obtaining direc¬ 
tion in the exercise of virtue or progress in perfec¬ 
tion. Even when the manifestation of conscience 




162 ii. part. ii. IBook, atit&oriti? of Btefiopa 


is made spontaneously, the Superiors should not 
encourage it. 

304. Frequent or even daily communion must be 
promoted especially in religious communities, what¬ 
ever their nature may be. (Decree “Sacra Triden- 
tina Synodus.” N. 7 of December 20, 1905. Can. 
695 § 2.) 

If the church so ardently desires to see the prac¬ 
tice of frequent and even daily communion re¬ 
vived amongst the Christian people, as the decree 
says, it is evident that this desire should in the 
first place find expression in the chosen ones of 
Christ’s flock, who by their state of life must tend 
to greater perfection and should each day make 
some progress on the road towards it. The decree 
makes no distinction between communities, 
whether they have solemn vows or not. It shall 
be the special duty of the confessors of Sisters 
to exhort their penitents to frequent or even daily 
communion. The Superiors should to a certain 
extent promote the execution of the decree. 

305. The frequent or daily reception of Holy Com¬ 
munion must be left entirely free to the religious ac¬ 
cording to the rules laid down in the decree. 

(1) Nos. 1, 2, and 3 of the decree require the 
following conditions for frequent or daily com- 



hi. C&ap. Spiritual flis&te of Btefiopg 163 


munion: 1°. The state of grace, that is, absence 
of mortal sin. 2°. A right and pious intention, 
that is, religious should not receive merely be¬ 
cause they are accustomed to do so, nor for vanity, 
inspired by human motives, but to fulfil God’s 
wishes, to be more intimately united with Him 
in charity, and to find in Holy Communion the 
proper remedy for their infirmities and their de¬ 
fects. The decree demands that they shall be 
guided by the prudent directions of their con¬ 
fessors. The decree 4 'Sacra Tridentina Synodus” 
modifies somewhat the decree “ Quemadmodum, ” 
which gave to the confessor alone the right to 
allow frequent communion. The other disposi¬ 
tions are confirmed; that is, Superiors, whoever 
they be, have no right to meddle in this matter 
for any reason whatsoever. If the rule specifies 
a certain number of days for Holy Communion, 
it is merely to indicate the minimum. 

306. If after her last sacramental confession, a 
Sister had given great scandal to the community, or 
had committed a serious external fault, the Superior 
could forbid Holy Communion to her until she had 
been to confession again. (Canon 595 § 3.) 

307. The general, provincial, and local Superiors 
are ordered to carry out the dispositions of the decree, 




164-6 II. Patt. II. ffioofe* SLUtflOZitV Of 2Bt0&Opj3 


under threat of incurring ipso facto the penalties 
reserved for Superiors who violate the orders of the 
Apostolic See. 

308. The present decree, translated into the ver¬ 
nacular language, should be inserted in the constitu¬ 
tions, and must be read aloud within the Octave of 
Corpus Christi either in the refectory or at a chapter 
especially called for the purpose. 

309. The Bishops, by special delegation, are charged 
to enforce the full and entire observance of this decree, 
even in congregations approved by the Holy See. 

Sec. 5. Extreme Unction and Funerals 

310. For the administration of Extreme Unction 
the same dispositions are required as we have given 
above for the administration of Holy Viaticum. 

311. By common right, the funerals are reserved 
to the pastors in whose parishes the communities 
with simple vows are located. 

A funeral is a strictly parish right, and there¬ 
fore the chaplain cannot take the place of the 
pastor, unless the exemption of the communities 
from parochial jurisdiction is clearly determined. 
Generally, however, the Bishops give this right 
to the chaplains. 




CfcitD part 

interior (55obermnent of Congregations 
toitf) Simple l3otus 

T500fe 1 

Cfoe Superiors in General 













THIRD PART 

Interior Government of Congregations 
with Simple Vows 

BOOK I 

The Superiors in General 
CHAPTER I 

GENERAL RIGHTS OF SUPERIORS 

Art. I. Right of Domination 

312. The right of domination is the right acquired 
by congregations and by Superiors, to command their 
subjects. 

This right must not be confounded with the right 
of jurisdiction. Both these rights create for those 
over whom they are lawfully exercised the moral 
obligation to submit; but there is a great difference 
between them. In canon law jurisdiction is a par- 
169 







170 hi. part. i. 2300ft. fempmorsf in Central 


ticipation of the public powers of the church, the 
power to rule all or part of the Christian people. 
The persons invested with it are the Pope for all the 
faithful, the Bishops for their diocesans, the Regu¬ 
lar Prelates for their subordinates. The right of 
domination is of a 'private order; it is the result of 
paternity, property, contract, and also of the vow 
of obedience, giving the one to whom it is made the 
right to command. 

313. The right of domination is indispensable to 
all Superiors. 

This authority is necessary to every society called 
upon to govern itself; every form of government 
requires some sort of authority the lowest degree of 
which is domestic authority, that we call domination. 
On the strength of it Superiors of religious com¬ 
munities lead their subjects to the fulfilment of the 
purpose of the congregation by the means determined 
in the constitutions. 

314. The right of domination is sufficient for the 
direction of a congregation or of a community. 

This was for centuries sufficient even for mon¬ 
asteries of monks before the church thought fit to 
confer jurisdiction on their Superiors. 



I. C&ap. CSetural Ifittjrttsf of Superiors* 171 


315. The right of domination is only lawful in as 
far as it is recognized and authorized by the eccle¬ 
siastical Superiors. 

The mutual relation of Superior and inferior in a 
religious community proceeds in the first place from 
the act by which the members give themselves to 
the community for a longer or shorter period accord¬ 
ing to the nature of the vows. But religious com¬ 
munities, as part of the Church, must always be 
dependent upon the rulers of the Church. Hence 
follows that the authority of Superiors is only legit¬ 
imate when it is recognized and authorized by the 
ecclesiastical Superiors, that is, by the Pope or the 
Bishops. 

Art. II. Right to Command 

316. In religious communities in which Superiors 
have only the right of domination as described in 
Art. I, the right to command extends solely to the 
observance of the lawfully approved constitutions, 
and to all that concerns the proper direction of the 
congregation. 

The command of the Superior, having for its 
object the observance of the constitutions, is limited 
to what is explicitly or implicitly conformable to 
them. 

The Superior can command anything that is useful, 



172 hi. part i. 25 ook, Suiperfot# m (Beiural 


reasonable, and conformable to the purpose of relig¬ 
ious life or to the congregation; so, for instance, a 
Superior can command a subject even at the peril of 
her life, to nurse a sick sister, or to go to another 
house of the congregation, in unhealthy surround¬ 
ings, unless the constitutions contain in regard to 
the last point contrary dispositions. 

317. The Superior invested with the right of domi¬ 
nation only can oblige in conscience. 

The present canonical dispositions seem to ex¬ 
tend also to congregations of women this right, by 
which a Superior can command in virtue of the 
vow of obedience, and which creates in the inferior 
a moral obligation to obey. This right rests upon 
a threefold foundation: a, the vow of obedience, 
by which a religious submits her will to the will 
of the Superior; b, the virtue of justice, upon which 
is based the bilateral contract of profession, by 
which the religious pledges herself to the congre¬ 
gation, and the congregation pledges itself to take 
care of the religious; c, lastly, upon fidelity, in 
virtue of which promises made should be carried 
out. The constitutions, however, must be taken 
into account, because they may limit that power. 



I. C&ap. (Betutal ot &upetfotg 173 


Art. III. Restraining Power 


318. Superiors of non-exempt congregations, hav¬ 
ing only the right of domination, can punish, but in a 
motherly manner and within the limits of the con¬ 
stitutions. 

Their powers are analogous to those of parents 
in regard to their children. Hence it follows that 
religious on whom a punishment has been inflicted 
have no right of appeal; but they are not forbidden 
to lodge a complaint with the higher Superiors or 
even with the Holy See, if the punishment should be 
too severe or unjust. 






CHAPTER II 

GENERAL CHAPTER 

Art. I. Convocation of the General Chapter 

319. The General Chapter meets at the time fixed 
by the constitutions. 

The General Chapter is not only useful, but even 
necessary to promote the proper growth of the 
congregation, to curb the authority of the Superior 
General, and to treat more carefully of the affairs 
of the congregation. Formerly there were three 
kinds of General Chapters. First, the ordinary , 
by which the elections at fixed periods are made. 
Secondly, of affairs, in which questions concern¬ 
ing the administration, the discipline, the growth 
of the congregation, and other such matters de¬ 
termined by the constitutions are discussed; this 
chapter is generally held every three years; it is 
very useful to the Superiors in preparing their 
triennial report to the Sacred Congregation of 
Regulars. Lastly, the extraordinary General 

174 




n. Cjjap. (Kmeral Chapter 


175 


Chapter called to fill the vacancy of Superior 
Generals, or for some serious matter affecting the 
congregation. The new Code only provides for 
the ordinary and the extraordinary Chapter. 

321. The calling’of an extraordinary General Chap¬ 
ter for any other reason than filling the vacancy 
in the office of Superior General requires the consent 
of the Holy See. 

322. The ordinary General Chapter is convoked by 
the Superior General, the extraordinary by the As¬ 
sistant, in a circular letter sent to the different houses 
of the congregation. 

This circular letter must be sent three months 
before the holding of the General Chapter, if all 
the houses are in Europe, otherwise six months 
before the date fixed upon for said chapter. This 
is a measure of prudence enabling all capitulars 
to be present and make the proper preparations 
for the welfare of the congregation. This circular 
will prescribe prayers in all the houses of the con¬ 
gregation to obtain God's blessing upon the work 
of the chapter. 

323. The Superior General with her council des¬ 
ignates the place of meeting for the chapter. 

It would seem desirable that the General Chapter 
be held at the mother-house, but it is not neces- 




176 iil $art. i. Book. Sttpetfot# to ©metal 


sary: the constitutions may make other provi¬ 
sions. The S. Congregation of Religious on July 2, 
1921, ruled that in diocesan congregations, the 
Superior General, not the Ordinary, designates 
the place. 

Art. II. Members Composing (he General Chapter 

324. The active members of the General Chapter 
vary, according as the congregation is divided into 
provinces or otherwise. 

325. In either case the following persons have 
active and passive voices: the Superior General and 
her council, the Secretary General, and the Treasurer 
General. 

In the case of an ordinary chapter they continue 
to be members of that chapter even after their 
successors have been elected. The constitutions 
may concede this right also to ex-Superiors Gen¬ 
eral for all future General Chapters. 

326. Neither the Code nor the new Normae de¬ 
termine who shall be members of the General Chapter; 
this should be clearly defined in the Constitutions. 
If the Congregation is not divided into Provinces, the 
Constitutions might provide that houses of 12 Sisters 
or more send the Superior and a Delegate and that 
the smaller houses combine in the same manner. 




n. Cfjap. (Etneral Cfiap tet 


177 


The following points are important in the pro¬ 
ceedings of a General Chapter: If any one en¬ 
titled to a place in the Chapter had been wilfully 
overlooked, and therefore was not present, she 
may cause an election held in her absence to be 
declared null and void by the competent authority; 
provided it be proved that she protested within 
three days after she was notified of such election. 
If more than the third part of the electors have 
been overlooked, the election would be null and 
void. After a proper convocation, those present 
on the day fixed have a right to elect. Unless the 
approved Constitutions provide otherwise, no 
vote by letter or through a procurator can be 
received. A vote to be valid must be free, that 
is, not extracted by fear or fraud; it must also 
be secret. No Sister can validly vote for herself. 

327. If the Congregation is divided into provinces, 
the Provincial Superiors and two delegates from each 
province might be made members of the General 
Chapter. 

The election of delegates might be made in a 
provincial chapter or in any other way provided 
by the Constitutions. 

328. The election of delegates is made by secret 
ballot, and absolute majority of votes. 




178 hi. pact. I. TBoofc. &upctt0t0 m (Bmeral 


The Constitutions might prescribe that all mem¬ 
bers of the community, even those with temporary 
vows, shall have a vote; but only those of per¬ 
petual vows are eligible as delegates. The Sacred 
Congregation has invariably inserted the following 
two points in the constitutions: the secrecy of the 
ballot, and the absolute majority to constitute 
election. The absolute majority is required for 
the first two ballots; if there is no election, relative 
majority is sufficient for the third, and if this fails 
seniority of profession will decide. This same pro¬ 
cedure holds good for all elections, including the 
election of the Superior General. 

If the congregation is not divided into provinces, 
a substitute is elected to attend the General Chap¬ 
ter, should the delegate be unable to do so; if it 
is divided into provinces, a substitute is elected 
for each delegate. 

Art. III. Elections to be made at the General 
Chapter 

Sec. 1 . President , Scrutineers , and Secretary 
of the Chapter 

330. In congregations approved by the Holy See, 
the Bishop of the diocese in which the chapter is 
held, presides at the elections as delegate of the Holy 




Ii. Cljap. (general Chapter 


179 


See, either in person or by a priest delegated by him. 
(Can. 508 § 4.) 

The constitution “Conditae” extended to ap¬ 
proved congregations the legislation of the Coun¬ 
cil of Trent for religious of solemn vows. The 
Bishop presides, not as Ordinary, but as delegate 
of the Holy See, and after the elections are over 
this delegation comes to an end, because the ap¬ 
proved congregations are not subject to episcopal 
jurisdiction for what concerns the interior adminis¬ 
tration. The Bishop should be notified in time 
of the holding of a General Chapter. He may be 
accompanied by one or more priests, but these 
cannot in any way interfere in the acts of the 
chapter. 

331. In diocesan institutions, the Bishop presides 
as Ordinary at the chapter and at the elections. 

The Bishop is the first Superior of congrega¬ 
tions established in his diocese, and in this capac¬ 
ity he presides not only at the elections, but also 
at all the deliberations, unless the constitutions 
approved by him read to the contrary. The con¬ 
stitution “Conditae” mentions, however, only the 
elections, at which he presides. On July 2, 1921, 
the S. Congregation of Religious ruled that, when 




180 hi. part. L ©ooft. &uprrior0 in (Btnml 


a diocesan congregation has houses in various 
dioceses, the Ordinary of the place, not the one 
of the mother-house, presides. 

332. In the ordinary General Chapter, in which 
the Superior General must be elected, she shall be 
acting General until the election of her successor. 

The term of the Superior General expires at the 
meeting of the General Chapter. In the case of 
an extraordinary General Chapter, made neces¬ 
sary by the death, resignation, or deposition of 
the General, the first assistant assumes the charge 
of acting General, until a General is elected. 

333. The General Chapter shall elect first of all 
from among the capitulars two scrutineers and a 
Secretary. 

The Sacred Congregation does not sanction the 
appointment of scrutineers by the President or 
the Superior, nor that the chaplain or confessor 
should act in such capacity, or that the youngest 
or oldest perform the office. The scrutineers are 
bound to absolute secrecy, as the matter is very 
serious; and if they fail in this duty they should 
be severely punished. Their duties consist in 
collecting the votes, counting them and compar¬ 
ing their number with the number of voters; if 




ii. Cfjap. ©tnttal Cfiapttt 


181 


the number of voters and of votes tallies, they open 
them and read them aloud before the assembly. 

The duties of the Secretary consist in faithfully 
recording the acts of the chapter for the elections 
as well as for all other matters submitted. All 
questions in the chapter are settled by secret 
ballot. 

334. The scrutineers must collect the votes from 
any capitular in the house, who through sickness 
should be unable to attend the meeting. (Can. 168.) 

This applies to capitulars in the house at the 
time of the meeting, not to those who through 
sickness should have been unable to attend the 
chapter. In diocesan congregations , the elections 
are held as stipulated in the constitutions. They 
should, however, adopt the manner of electing as 
given by the Sacred Congregation of Regulars, 
in order afterwards to facilitate the approbation 
of their constitutions. 

Sec. 2. Election or Re-election of the Superior 
General 

335. (I) Preliminaries of the election. Preliminary 
deliberations are generally held before election. 

The purpose of these deliberations is to know 
and discuss the merits, virtues, and qualities of 



182 m. part I. Boofc. Superiors* in (Keneral 


candidates. They are very useful as long as char¬ 
ity and justice are not lost sight of. The capitu¬ 
lars may deliberate privately among themselves 
or in public, but in the last case each must be 
free to give her opinion. 

336. (II) Conditions of eligibility. To be elected 
Superior General, one must have the age and the years 
of profession required by the constitutions. 

The new Codex demands as a minimum of qual¬ 
ifications for any one to be elected Superior Gen¬ 
eral that ten years at least have elapsed since her 
first profession, that she was born of lawful wed¬ 
lock and have attained the age of forty years. 
More, however, may be demanded by the consti¬ 
tutions in regard to age and other attainments. 

337. Dispensation from the conditions required is 
reserved to the Holy See. 

This is a sequel of the approbation of the con¬ 
stitutions by the Holy See. In diocesan congre¬ 
gations the Bishop grants the necessary dispen¬ 
sations. In the event that the candidate having 
the majority of votes does not fulfil all the con¬ 
ditions required for age, profession, etc., there 
would properly speaking be no election but a 
presentation. On the ballot should then be 




n. Cfmp. CSnutal Chapter 


183 


written: I present N. N., and the competent 
authority may then either confirm the candidate 
or order a new election. 

338. The only mode of election admitted by the 
Holy See is by secret ballot. 

This is intended to guarantee the liberty of 
voters. Each one is in conscience obliged to 
vote for the one who appears in her eyes the most 
worthy. According to St. Thomas the most 
worthy is the one who not only excels in learning 
and holiness of life, but is also recommended by 
the qualities of mind and heart, by prudence, 
good name, and fitness to rule wisely. 

The following is the ordinary procedure in re¬ 
ligious communities: After having heard Mass 
and received Holy Communion, the capitulars 
are called at the sound of the bell to meet in the 
room designated. The President then calls to 
their minds the principal rules to follow, speaks 
concisely about the conditions for a valid election, 
and about the necessity of electing the fittest can¬ 
didate to office. A roll-call of the capitulars is 
then made. One or more tables shall be prepared 
with all the requirements for writing; there should 
be also a stove in the room to burn the ballots in 




184 hi. 49 art* l Boofc, Superiors in (general 


the presence of the voters. The ballot having 
been properly filled in is folded and put into the 
ballot-box by the voter. The box shall then be 
shaken and emptied upon the table. The ballots 
shall then be counted and compared with the 
number of voters; if there should be any discrep¬ 
ancy they are immediately burned. If not, the 
chairman opens them and hands one after the 
other to the first scrutator, who reads it and 
marks on a paper for whom the vote is cast; 
then passes it on to the second scrutator, who 
does the same. The chairman and the scrutators 
then compare notes, and if the result is the same 
on all the lists, the ballots shall be immediately 
burned. The President, if she has the right, shall 
then confirm the election; if she has not, she 
draws up a document giving the result of the 
election, to be signed by all capitulars and for¬ 
warded to the proper authority for confirma¬ 
tion. In case none have obtained the required 
number of votes, the chairman may read for the 
information of the capitulars the names of those 
who have received votes. 

339. The Sacred Congregation does not allow the 
names of only a few candidates to be put to the vote 
of the capitulars. 



II. Cfietp. (Betural Chapter 


185 


No primaries are held to elect candidates, 
neither should the President propose candidates, 
nor can she restrict the number of those enjoying 
passive voice. 

An absloute majority is required for the first 
two ballots, unless the Constitutions expressly 
state otherwise. If there are any blanks or bal¬ 
lots with names that cannot easily be deciphered, 
they are deducted from the number of votes cast. 
An election is had in the event that one of the 
candidates obtains one more than half the votes 
remaining. In the third ballot, when in the two 
preceding none obtained the votes required, a 
relative majority is sufficient. If two candidates 
should have an equal number, the President has 
the casting vote; but if she should refuse to use 
her right, seniority by first profession or by age 
should decide the election. This should be clearly 
provided for in the constitutions. 

341. The constitutions determine the duration of 
office of the Superior General. 

Unless the approved constitutions clearly de¬ 
termine that the Superior General is elected for 
life, the new Codex prescribes that she should be 
elected only for a certain number of years. The 
Codex does not forbid that she be re-elected. The 




186 hi. $art. i. ®oofe, in (General 


S. Congregation of Religious in a circular letter 
of March 9,1920, addressed to all local Ordinaries, 
disapproves of the re-election of a Superior General 
beyond the second term of six years, as being 
contrary to the purpose of the Constitutions. 
For a third term of six years in succession she is 
not eligible. The will of the electors and the 
aptitude of the person are not sufficient reasons 
to obtain a dispensation. If there are extraordi¬ 
nary reasons, the Ordinary presents the petition 
to the Holy See. This requires time and puts 
a great burden upon the Capitulars, who must 
wait for an answer before they can transact any 
other business. 

342. The Superiors of diocesan congregations, by 
right of the constitutions, shall be elected by the re¬ 
ligious. 

In diocesan congregations, the constitutions 
may prescribe the same form of procedure for the 
electors and the election itself as applies to ap¬ 
proved congregations. Before the final approval 
of the constitutions by the diocesan Bishop, 
he could appoint the first General Superior, but 
it is not desirable that this rather exceptional way 
should continue indefinitely. The constitutions 
should also prescribe the limit of re-elections, the 




ii. C§ap. (General Copter 


187 


term of office of the Superiors, and the principal 
officials. On July 2,1921, the S. Congregation of 
Religious promulgated an official answer to cer¬ 
tain doubts. It settles 1°, that in Diocesan Con¬ 
gregations, having houses in various dioceses, the 
Superior General, not the Ordinary of the mother- 
house, decides where the General Chapter shall 
be held. 2°, that when the General Chapter is 
held, not at the mother-house, but in another 
diocese, the local Ordinary of that place has a 
right to preside at the election of the Superior 
General, and to approve or to annul the elec¬ 
tion. 

343. Confirmation of the election. An election is 
confirmed by the declaration of a competent authority 
that it has been carried out canonically. 

In diocesan congregations the Holy See gives to 
the Bishop the right to annul the election, that is, 
to refuse his consent to it; but it would appear 
that when an election has all the required condi¬ 
tions, the person who has authority to confirm it 
is not at liberty to do as he pleases, but should 
confirm it without listening to the jealous ob¬ 
jections raised by disappointed individuals, and 
without showing partiality to the one or the other, 
thus to avoid division in the communities. 




188 ni. part* i. Book. Stipertotg m (Enteral 


344. In diocesan congregations the Bishop has 
full power to confirm or annul an election according 
to the dictates of his conscience. 

The result of the election must be communicated 
to the Bishop. If he approves it, the candidate is 
placed in possession of her charge; if he refuses 
his consent, the election is annulled and must .be 
repeated. The constitutions should determine 
whether in this case the Bishop should appoint 
or whether a new election should be proceeded 
with. 

345. In institutions approved by the Holy See, 
the election is final when conformable to canon law. 

Except in cases provided for in the constitutions, 
the election need not be approved and confirmed 
by Rome. If there are serious reasons for ques¬ 
tioning the election, the case should be sent to the 
Holy See, who will judge according to the testi¬ 
mony given. 

346. Vices of election. It is forbidden to cause the 
election or rejection of a candidate by fear or any 
other unfair means. 

Both the natural and the ecclesiastical law, and 
also the general welfare of the community, require 
that great care be taken to ensure liberty in the 




n. Cfiap. (Btnttal Cfiapte. 


189 


election of a Superior. The use of unlawful means 
may even render an election null and void; or at 
any rate it may be of such a nature that it be¬ 
comes a duty to inform the proper authority of 
what has taken place. Among these unlawful 
means may be mentioned the following: soliciting 
a vote by promise of charges or favors, removal 
of voters known to be opposed to one’s candidate, 
intimidating a voter by means of threats, etc. 
But all must abstain from procuring directly or 
indirectly votes for themselves or for any one else. 
(Canon 507 § 2.) This does not exclude a dis¬ 
cussion as to the merits of the candidates. 

Sec. 3. Election of Assistants or Councillors , 
of Secretary and Treasurer General 

347. After the election of the Superior General, 
the chapter shall proceed with the election of the 
Assistants, the Secretary, and the Treasurer General. 

The elections are made in the order here indi¬ 
cated. The number of assistants is generally four, 
but the constitutions may determine differently. 

348. The Assistants and other general officers 
shall be elected in the same manner as the Superior 
General; but if after the second ballot no one has 
the absolute majority, relative majority shall be suffi¬ 
cient to elect in the third ballot. 




190 hi. part, i. ffiooft. Superior* m (Enteral 


349. To be elected to these offices, a Sister must 
be at least thirty years of age and have made her first 
profession over ten years before. (Canon 504.) 

350. One of the Assistants may be chosen as 
Secretary General, but not the first Assistant. 

If the Secretary is not taken from among the 
assistants, she shall have no vote at the sessions 
of the General Council. The Sacred Congregation 
has invariably refused to admit one of the assist¬ 
ants as Treasurer General; the reason of it is that 
the General Council has to examine the manage¬ 
ment of the property and that no one should be 
judge in his own cause. 

351. The Assistant first elected shall be vicar to 
the Superior General, and shall take her place when¬ 
ever she is absent from the mother-house, or incapaci¬ 
tated or removed from office. 

The Sacred Congregation does not allow the 
Superior General to choose her first assistant 
either from among the councillors or from outside; 
this must be left to the General Chapter. 

352. Those elected hold office until the next Gen¬ 
eral Chapter. 

We will explain hereafter the course to be fol¬ 
lowed in case of removal, resignation, or vacancy 




II. CSap. (Stmt al Cfmptet 


191 


of any of these offices. The Bishop does not ap¬ 
prove the elections made in approved congrega¬ 
tions; his power is limited; he only presides and 
sees that the sacred canons and the constitutions 
be observed. 

353 . In diocesan congregations the Bishop may 
at the time of approving the constitutions reserve unto 
himself the right to confirm the election of the supe¬ 
rior officials. 

As in this case the Bishop is the first Superior of 
the congregation, and on him rests the responsi¬ 
bility, it is clear that this right should be con¬ 
ceded to him. He may also claim this right in 
confirming the elections of assistants, Secretary 
and Treasurer General, Mistress of Novices, and 
local Superiors. Prudence would naturally pre¬ 
vent his interfering with the appointment of minor 
officials. 

Art IV. Business to be Transacted in the 
General Chapter 

354. After the elections have been concluded, the 
General Chapter shall busy itself with the more im¬ 
portant matters concerning the whole congregation, 
and principally with those requiring the permission 
or confirmation of the Holy See. 




192 hi. part. i. Boofe. Superior# m (Enteral 


It would be well to appoint a committee of three 
or five members, whose duty it shall be to prepare 
the work to be submitted to the chapter, and to 
report thereon. In its business sessions, besides 
the affairs to be submitted to Rome, the chapter 
shall carefully consider the report of the Superior 
General regarding the moral, disciplinary, personal, 
material, and financial condition of the congrega¬ 
tion and of each house in particular, and also all 
matters brought to the notice of the chapter by 
any of the members of the congregation. 

355. All questions are to be decided by an absolute 
majority of the votes in secret ballot. 

356. After the elections, the further deliberations 
are presided over by the newly elected General, and 
if she was not a member of the chapter, the sessions 
must be suspended till her arrival. 

The Superior General is by right the President 
of the chapter; she enters into authority as soon 
as the elections are ended and confirmed. 

357. If any of the newly elected assistants, Secre¬ 
tary or Treasurer be absent, they shall be immediately 
invited, but it shall not be necessary to suspend the 
transaction of business. 

358. Although the duration of the General Chap¬ 
ter should not last longer than necessary, yet no 
maximum limit of time should be fixed. 




ii. Cfiap. d5ntetal Chapter 


193 


It is by no means advisable that the chapter be 
indefinitely protracted. 

359. The ordinances of the General Chapter shall 
remain in force until the next General Chapter. 

The right to confirm or reject any modifications 
in the government or in the constitutions belongs 
to the Sacred Congregation of Regulars. The 
same congregation may demand the necessary 
documents signed by the members of the chapter. 
With the consent of the President, all decisions, 
except those reserved to the Holy See, and those 
about which there is no difficulty, may be promul¬ 
gated 'provisionally. We say provisionally be¬ 
cause it is well to put them into practice until the 
next chapter, before confirming them irrevocably. 
If the confirmation of the Holy See is required, 
they may be tried also, but would have no legal 
force, before confirmation. 

360. The chapter can neither modify nor authenti¬ 
cally interpret the approved constitutions, without 
confirmation by the Holy See. 

This is one of the consequences of pontifical 
approbation, which reserves to the Holy See all 
modifications in the government or in the consti¬ 
tutions, or any authentic interpretation of them, 



194 hi. part. I. Boofe. &uprtfottf fn (Central 


that is, one having the force of law. The chapter 
may propose changes, and even express a desire 
that they be approved, but the decision rests with 
the Holy See. 

361. In diocesan congregations approbation of 
the chapter belongs to the Bishop. 

If the chapter introduced changes in the govern¬ 
ment or in the constitutions, and if the congrega¬ 
tion is spread over different dioceses, the consent 
of each interested Bishop would be required; each 
Bishop has the same authority over houses in his 
diocese. For all other measures the confirmation 
of the Bishop in whose diocese the General Chapter 
is held would be sufficient, although it is advisable 
to inform each Bishop of the acts of the chapter. 

Art. V. Provincial Chapter 

362. The Provincial Chapter meets at the time 
appointed by the constitutions. 

The Normae make no mention of the Provincial 
Chapter, but the Sacred Congregation is not op¬ 
posed to the idea. It seems that the Holy See 
desires the Provincial Chapter to meet every three 
years. The regulations governing the General 
Chapter may be extended to the Provincial Chap¬ 
ter. It is composed of the Provincial, and her 




II. Cfmp. ©metal Cfjaptet 


195 


council, the Provincial Secretary and Treasurer, 
the local Superiors and delegates from the various 
houses. The elections are made by an absolute or 
relative majority at a secret ballot, as the consti¬ 
tutions may direct. The acts of the chapter should 
probably be confirmed by the Superior General 
and her council. The Provincial Chapter elects 
the delegates to the General Chapter; the other 
business to be transacted is to be determined by 
the constitutions. 








CHAPTER III 

THE SUPERIOR GENERAL 

Art. I. Duties and Rights of the Superior General 

363. The Superior General lawfully elected gov¬ 
erns and rules the congregation according to its 
constitutions. 

The constitutions should determine what the Supe¬ 
rior General can do by herself, and for which cases 
she needs the consent of her council. The Superior 
General is not supposed to govern each individual 
in particular, directly and without the intermediary 
of the local Superiors, although she has the right to 
command and to correct each one in particular. 
The local Superiors govern the individuals, while 
the General Superiors govern the congregation. 

364. The Superior General and her council shall 
fix their residence in the house which- is best suited 
for the general government; she cannot permanently 
transfer it to another house without the consent of 
the Holy See. 


196 



hi. C&ap. &npenot (Enteral 197 


The residence of the Superior General and her 
council becomes the principal house and the center 
of the congregation; it is generally united to the 
mother-house. The residence must be determined 
once for all; and if the place is named in the constitu¬ 
tions it is clear that it cannot be changed without 
the consent of Rome. 

365. The Superior General makes the appointments 
in the congregation and can change subjects from 
one place to another. 

For these acts the intervention of the Bishop is 
not required; a congregation approved by the Holy 
See governs itself, except in clearly specified cases 
when the Bishop intervenes. 

With reference to the transfer of subjects from one 
place to another, the Sacred Congregation has de¬ 
cided the question on April 9, 1895. The Superiors 
have this right independently of the Bishop, even in 
congregations not yet approved by Rome. In some 
cases, however, the Superior will do well to inform 
the Bishop of her decision. 

366. The higher Superiors designated by the Con¬ 
stitutions to hold the canonical visitation, shall at the 
time determined in the constitutions, visit all the 
houses subjected to them, by themselves or by others, 
if they are legitimately prevented. 




198 hi. part i. 23oofc. Superiors in (Enteral 


The Superior in regard to the visitation acts inde¬ 
pendently of the Bishop. The constitutions deter¬ 
mine the time of the visitation, annually, biennially, 
or triennially. In case she is prevented from hold¬ 
ing the visitation, the Superior General may appoint 
a visitor to inspect a province or a house, or to 
enquire into any particular matter, without submit¬ 
ting the question to her council. She would need, 
however, the consent of her council, if she were to 
choose outside of her council a general visitor under 
perpetual vows. The visitor, whether the general 
herself or her delegate, must be accompanied by 
another member of the congregation. 

367. Every five years, or oftener if the constitutions 
so determine the Superior General must report to the 
Sacred Congregation of Regulars about the state of 
the congregation. 

In approving and recommending new congrega¬ 
tions of simple vows, the Sacred Congregation had 
for a long time prescribed that the Superiors General 
should send every three years a faithful report of 
the personal, disciplinary, material, and financial 
state of their congregations. The object of the re¬ 
port is to keep the Holy See well informed of the 
state of the congregation so as to be able, by timely 
warning or correction, to check any lack of observ¬ 
ance that may have crept in. But it is clear 



hi. Cfjap. Hie femperfot (Eeiutal 199 


that these reports will be of little or no use unless 
they furnish all the information required. The 
Sacred Congregation of Bishops and Regulars has 
prescribed by its decree of July 16, 1906, the form 
of this report. It has compiled a number of ques¬ 
tions, to which the Superiors General must give a 
correct answer; Pope Pius X in approving the decree 
commands them to do so. The decree further pro¬ 
vides that the report must be signed by the Superior 
General and each of the assistants, after a careful 
examination of it. If any of the assistants should 
deem it her duty to signify anything of great impor¬ 
tance, she may do so by private and secret letter to 
the Sacred Congregation; but let her beware of send¬ 
ing any false reports or particulars. We give in an 
Appendix the questions to be answered. 

368. The Superior General must see to the admin¬ 
istration of the property, without, however, directly 
interfering with the duties of the Treasurer General or 
of the local Superiors. 

The reason of this is plain: it is the duty of the 
Superior General to govern the congregation in its 
entirety, but not to take upon herself the duties of 
her subordinates. Frequent interference on her part 
would hinder the official in the discharge of her duties, 
deprive her of the confidence of her subordinates, 



200 hi. part i. Kook. Superior# in (Emeral 


bring about undue centralization of power, which 
would be a source of dissatisfaction, criticism, and 
weakening of the spirit of obedience and submission. 
It is easy enough for the Superior General to form 
a correct idea of the temporal administration and 
the progress of particular houses, either by the 
canonical visitation, or from the regular reports of 
the Treasurer General and of the local Superiors. 

369. If in any congregation a monitor to the Supe¬ 
rior General is appointed, she shall be chosen from 
among the members of the council. 

The Sacred Congregation does not generally im¬ 
pose this office, but approves it when inserted in 
the constitutions. In any case the members of the 
council should act as monitors to the Superior General. 

Art. II. Canonical Visitation 

370. It is proper that the visitor should begin the 
visitation with an address. 

This allocution should be short and furnish the 
visitor an opportunity to explain the purpose of the 
visit, to point out the means to make it useful to 
the community and to each individual, and to show 
forth its advantages for the maintenance of disci¬ 
pline, and the increase of charity and of respect 




hi. Cfjap. W&z Superior (Central 201 


towards Superiors. The visitor will recommend 
simplicity and charity to members in their relations 
with the visitor; truth and sincerity in all they may 
have to say. The visitor shall insist especially upon 
their perfect liberty to speak without fear or human 
respect. The visitor might also take for the theme 
of her exhortation one or other important point of 
the religious life. 

There are two kinds of canonical visitations, the 
ordinary and the extraordinary. The first is one 
made at regular intervals determined by the consti¬ 
tutions, and in which the visitor takes cognizance of 
the general condition of the community and of the 
individuals. The second is one made to enquire 
about a special fault or about one or more persons 
and to determine proper remedies. 

371. The powers of the ordinary visitor are de¬ 
termined by the constitution; those of the delegated 
visitor by her letters of delegation. 

The constitutions should determine whether dur¬ 
ing the visitation the authority of the local Superior 
is suspended or not. The delegated visitor should 
not take any steps without referring them first either 
to the Superior General or to the General Council, 
according as she holds her commission from the one 
or the other. 



202 m. part. i. Book. Superior* in (Beneral 


372. The visitor must hear all the members of the 
community, and ask them about the points on which 
information is wanted. 

Generally the visitor begins with the youngest 
member of the community, and ends with the Superior. 
This, however, is not obligatory, and the order may 
be inverted. It is not obligatory either to call each 
of the members, but it is proper. The following are 
the points to be investigated: the observance 
of constitutions and customs of the congregation, 
the keeping of the vows, the relations of the members 
of the community among themselves, the frequenta- 
tion of the sacraments, the recitation of the divine 
office, mental prayer and the exercises of piety, the 
chapter of faults, the observance of silence at the times 
and places required, the food, the occupations, study, 
the parlors, the relations with the outside world. 
For all that regards the decree “ Quemadmodum ” 
the visitor must not put any questions relating to 
conscience, nor about the manner in which the con¬ 
fessors discharge their duties in the sacrament of 
Penance; the visitor is at most entitled to know 
whether the ordinary confessor comes regularly, 
whether the Superior provides for an extraordinary 
confessor, and whether there is no interference on 
the part of the confessors in the administration of 



hi. C&ap. W&t Superior (general 203 


the house. If the religious have any complaint to 
make about the confessor, it should be made to the 
Bishop. If the Sisters have any other complaint 
or serious observation to make, they should make 
it, even if not questioned about it. 

The visitor next visits the various parts of the 
convent, cells, parlors, class-rooms, etc., and carefully 
examines the accounts of the house. 

373. The members of the community are obliged 
to reveal to the visitor any serious infractions com¬ 
mitted, to the possible prejudice of the congregation. 

The obligation to inform the visitor of any serious, 
exterior, and certain fault committed, and likely to 
harm the institution or the guilty party, is of itself 
a serious obligation. For fear, however, of being 
carried away by any ill-feeling, it may be well to 
ask the advice of a prudent confessor. When a 
serious fault must be revealed, it may be done in 
three different ways: a, by speaking of it confiden¬ 
tially to the visitor in order to bring the guilty party 
with kindness to make proper amends; 6, by de¬ 
nouncing the fault, and if necessary the culprit, even 
without producing the evidence, and leaving it to 
the visitor to investigate in order to verify the accu¬ 
sation; c, by accusing the culprit and furnishing 



204 hi. part i. 25ook. &uprrfot0 (it (general 


proofs of her guilt. Before denouncing any one, a 
fraternal correction should precede, at least if good 
results are foreseen, and no serious inconvenience to 
the person who undertakes it. 

374. The visitor is pledged to secrecy with regard 
to all she may have heard during the visitation. 

The visitor is not allowed to reveal the serious 
secrets that may have been entrusted to her, with¬ 
out the permission of her informant; she must take 
particular care that she be not even the indirect 
cause of her informant being known. By revealing 
secrets heard during the visitation the visitor may 
incur rigorous punishment, either at the hands of 
the Sacred Congregation, if the institution is ap¬ 
proved, or of the Bishop, if it is diocesan. The 
visitor may, however, use the information to watch 
the religious, to change her with her presumed con¬ 
sent, to give her a reprimand in private, and to im¬ 
pose a penance, provided she can do so without 
revealing the secret. If the visitor comes to know 
in the course of the visitation that a serious fault 
has been committed, such as nocturnal egress, which 
has caused scandal, but the guilty party is not 
publicly known, she will then institute a thorough 
enquiry, and if the guilty party is found, punish her, 



in. C&ap. Wbt Superior ©metal 205 


but without defaming her before the community. If 
both the fault and the transgressor are publicly 
known, the guilty party has no right to her reputation; 
the visitor therefore may impose a public penance, 
but preferably refer the matter to the General Council. 
The visitor must in any case be guided by the con¬ 
stitutions. As the object of a canonical visitation is 
the spiritual welfare of the members of a community, 
the visitor must, with kindness first, with severity 
afterwards, endeavor to bring the delinquents to a 
sense of their duty. In diocesan communities the 
result of the visitation should be reported to the 
Bishop, whose duty it is to take notice of any 
irregularities and to impose whatever punishment he 
may deem necessary. 

375. The visitor should severely reprehend any 
unjust and false accusation or report either against 
members of the community or against the local 
Superiors; but she is not always obliged to punish 
the false reporters. 

It is clear that the visitor must be very prudent 
in receiving complaints or reports. She must ex¬ 
amine the motives which prompted the denunciation, 
the character and antecedents of the person making 
it. Acting otherwise would in a short time destroy 
charity among the members, and respect towards 



206 hi. part* i. ©oofc. £>upetfottf in (Central 


the Superior. If sincerity and liberty are indispen¬ 
sable on the one hand, charity and justice should 
prevail on the other, for the success of a canonical 
visitation. 

376. The ordinary visitor can remedy the abuses 
reported during the visitation. 

If there be anything to correct or reprehend in 
the conduct of the local Superior, the visitor would 
do well to advise her privately. But if the shortcom¬ 
ings of the Superior are serious and likely to do harm 
to the community, the visitor will discuss the matter 
before the General Council and take the proper steps 
to remove the Superior. The same procedure should 
be followed in regard to the other members of the 
community. 

377. The local Superior should encourage her 
subjects to manifest freely and fully to the visitor 
whatever their conscience may dictate to them. 

Local Superiors sometimes try to prevent this 
openness towards the visitor. They show their dis¬ 
satisfaction at the reports they presume to have been 
made, and try to find out the reporters. This is a 
very dangerous and harmful way of acting on the 
part of the local Superiors; by this way of acting 
abuses will continue and eventually lead to the ruin 



in. Cfjap. w&t fempetfot (Eernral 207 


of the community. The local Superiors should on 
the contrary encourage their subjects to tell freely 
whatever they consider to be for the benefit of the 
community. 

378. At the end of the canonical visitation, the 
visitor calls the members of the community together, 
and exhorts them to carry out whatever suggestions 
have been made. 

The visitor should not make any public reprimands, 
unless the gravity of a fault calls for it. She should 
exhort the community in a general way to observe 
the constitutions and insist on a few particular 
points. If she sees fit, she may make regulations 
and order them to be carried out. Generally the 
visitor leaves the execution of her remarks and ob¬ 
servations to the local Superior, who will then use 
tact and prudence in presenting and recommending 
them to the community. 

379. To cover the general current expenses of 
the congregation, each house shall contribute its 
share. 

The expenses meant here are chiefly those for cor¬ 
respondence and traveling. The whole congrega¬ 
tion, not merely the principal house, must pay these 
expenses. If there should be any balance, the Supe¬ 
rior General may use it to aid needy communities. 



208 hi. jDart i. 25ook. feuptriotg in (Betutal 


Art. III. What the Superior General cannot do 

380. The Superior General cannot be at the same 
time local or provincial Superior. 

381. The Superior General has no authority to 
modify the constitutions or interpret them authen¬ 
tically. 

a . She cannot modify them, either by adding or 
changing or by sanctioning derogations; this right 
is reserved to the Holy See, which approved them, 
to the exclusion of every other authority, either of 
Bishop, Superior General, Council, or even the Gen¬ 
eral Chapter. If the chapter considers that changes 
should be made, it may propose them for the approval 
of the Holy See. b. She cannot interpret the con¬ 
stitutions authentically. There are two kinds of 
interpretations, the one authentic } meaning the expla¬ 
nation of a doubtful point by the proper authority, 
and giving it the force of law; the other private , 
meaning the explanation given by the Superior 
according to her way of thinking. 

It is therefore clear that the Superior General 
cannot give an authentic interpretation, as she is 
not the legislator. 

382. The Superior General cannot dispense from 
the constitutions, except in a particular case and then 
only temporarily. 



hi. C&ap. Superior (Bentral 209 


The Superior General cannot dispense in anything 
that touches the matter of the vows. The Sacred 
Congregation is inflexible on this point; recourse, 
therefore, must be had to it. The power of the Supe¬ 
rior General is limited to questions of discipline, and 
then only in particular cases and temporarily. For 
general or perpetual dispensations in questions of 
discipline recourse must be had to Rome, unless the 
approved constitutions should give this right to 
the Superior General. This dispensation must be 
distinguished from what is called Epikeia, that is, a 
prudent and reasonable presumption that the legis¬ 
lator did not intend to bind in this or that particular 
case, when the law rigorously interpreted would be 
harmful or too hard to comply with. 

383. The Superior General cannot at her pleasure 
appoint an assistant and delegate her powers to 
her; this point is determined by the constitutions. 

384. The Superior General has no right either to 
allow or forbid the exercise of active or passive voice 
in the chapter; as this also is determined by the 
constitutions. 

385. The Superior General must beware of con¬ 
ceiving too high an opinion of her personal dignity, 
or demanding a corresponding recognition of it from 
her inferiors. 




210 hi. pact. i. Boofc. Superiors m (Beneral 


Art. IV. Resignation or Removal of the Superior 
General 

386. If the Superior General feels that she should 
resign, she shall submit her reasons to the Sacred 
Congregation, with which the decision rests. 

387. If the General Council thinks that the Supe¬ 
rior General should be removed from office, it shall 
also refer the reasons for removal to the Sacred Con¬ 
gregation and submit to its decision. 

In approved congregations the deposition of the 
Superior General is one of the serious matters beyond 
the competence of the General Council or even of 
the General Chapter; the Holy See reserves that 
right to itself exclusively, after having taken into 
consideration the motives rendering the step neces¬ 
sary. Numerous objections have been made to the 
approval of constitutions on this score, which show 
that this has been for a long time the practice of 
the congregation. 

In diocesan congregations , the removal of the Supe¬ 
rior General or the acceptance of her resignation is 
reserved to the Bishop. If the congregation is lim¬ 
ited to one diocese, its Bishop alone settles the case. 
If the congregation is spread over various dioceses, 
the Bishops, being equally interested in the con- 



hi. Cfiap. W&t Superior (Enteral 211 


gregation, should act by common consent. This 
solution, it seems to us, rests on art. 5 of chap. I of 
the constitution “Conditse,” on the strength of which 
nothing can be changed in the nature or in the con¬ 
stitutions of a congregation, without the consent of 
all the Bishops concerned. 






CHAPTER IV 

THE GENERAL COUNCIL 

Art. I. The Councillors 

388. The councillors shall reside with the Superior 
General in the principal house; in case of necessity 
two of them might live elsewhere, provided they can 
easily be at the meeting whenever it is necessary. 

These prescriptions, as all others taken from the 
Normae, do not constitute a general law; they con¬ 
stitute the actual jurisprudence of the Holy See in 
regard to congregations of simple vows, especially 
to those applying for the approval of their constitu¬ 
tions. For all others they are a guide, but the 
approved constitutions are the law. 

The Sacred Congregation desires that, in as far as 
possible, all councillors be present at the meetings 
of the General Council. In no case should all the 
councillors have a different residence from the 
Superior General. 


212 





iv. Cfjap. 'aTfje (Bmtral Council 213 


389. No office should be given to the councillors 
which would prevent them from properly discharging 
the duties of their principal charge. 

A councillor, therefore, should not be local Supe¬ 
rior, Treasurer General, or mistress of novices. There 
are two reasons why the Sacred Congregation in¬ 
scribes this measure in the constitutions: 1°. Because 
the office of councillor is to be considered of such 
importance that it cannot be conscientiously attended 
to in connection with other charges. 2°. Because 
the General Council may be obliged to deal severely 
with these office-holders, and it would not be right 
for one to be judge in her own cause; it is better 
therefore to prevent the possibility of such diffi¬ 
culties. 

390. The councillor first elected takes ex-officio the 
place of the General, in case she is prevented or absent, 
or during the vacancy of the office. 

391. The duties of the councillors consist in giving 
advice and aid to the Superior General in the govern¬ 
ment and administration of the whole congregation, 
and of taking part in all important decisions. 


The co-operation of the councillors is taken rather 
collectively than individually. They should leave 
to the Superior General the initiative in the govern- 



214 hi. $art. i. ffioofe. &uperfottf in (Kmeral 


ment of the congregation, and give their advice only 
when asked. They are, however, free to propose 
any measure, which they consider to be for the good 
of the congregation. Before giving their advice, 
they will try to gather all the information they can 
about the case submitted; they will then give their 
opinion openly but humbly; they shall not show 
any discontent if the other members do not share 
their views. If they are aware of any abuses in 
the congregation, they must inform the Superior 
General of them that she may apply the proper 
remedy. The councillors must try to work hand 
in hand with the Superior General. 

In the following article we shall see on what ques¬ 
tions their opinion must or may be asked. 

392. The councillors must keep secret all matters 
coming to them either in or outside the meetings, in 
virtue of their office. 

This does not include asking the advice of a pru¬ 
dent and wise person, such as the confessor, in 
matters of great importance. If a councillor is 
found guilty of revealing a secret, she should be 
warned seriously, but this offence alone would not 
call for her removal. If she fails again, she should 
be punished according to the gravity of the fault, 



iv. Cfiap. tifoiural Council 215 


taking into account circumstances and persons. 
According to the law it is within the powers 
of the Council to remove a councillor before the 
expiration of her term of office; unless the consti¬ 
tutions require the approval of the Sacred Congre¬ 
gation. 

In diocesan congregations the constitutions will 
prescribe the mode of procedure in such cases. If 
they do not cover the point, the approval of the 
diocesan Bishop at least would be required. 

Art. II. Matters to be Treated in the General 
Council 

393. The councillors have a vote in matters of 
greater importance. 

This right, recognized by the Normae, has for 
a long time been established by the Sacred Congre¬ 
gation of Regulars. It does not give absolute 
power to the Superior General, and has determined 
the matters for which the consent of the councillors 
is required. 

Among the affairs of greater importance some 
require, besides the favorable vote of the coun¬ 
cillors, the consent of the Ordinary, as for the 
erection of a new house; others require the appro¬ 
bation of the Sacred Congregation, viz.,‘the sup¬ 
pression of existing houses, the erection of new 




216 iv. $art. i. ffioofe, fewperiottf in (Bmral 


noviciates, and the transfer of a noviciate else¬ 
where, the erection of new provinces, change of 
residence of the General and her Council, 
alienation, and the dismissal of a professed Sister 
with perpetual vows. All other matters are decided 
by a vote of the Council, viz.: appointment of a 
Provincial Superior and her assistant, of a mistress of 
novices, of local Superiors; the prorogation in office 
for a while of local Superiors, after expiration of the 
three years; the dismissal of a novice and of a pro¬ 
fessed Sister with temporary vows; removal of a 
councillor, of a mistress of novices, or of a local 
Superior, during her three years, for serious reasons; 
appointment of a general visitor, who is not taken 
from among the councillors, in the event that the 
Superior General is prevented from making a visita¬ 
tion; fixing the place for holding the chapter, appoint¬ 
ing a councillor out of chapter time to take the place 
of one deceased, removed or incapacitated; making 
contracts or loans approving the accounts of the 
particular houses. 

To this list may be added all matters of importance, 
requiring the approbation or the permission of the 
Holy See. 

In diocesan congregations the constitutions will 
determine the cases which require the deciding vote 




iv. c&ap. Ww (Central Council 217 


of the council; also the cases which require the 3on- 
sent of the Bishop or of the Bishops. Except in 
cases of alienation of the property of the congrega¬ 
tion, we do not think that any recourse to the Holy 
See is ever necessary. 

394. The Superior General has the casting vote, 
except in elections. 

It is only possible to have an equal number of votes 
for or against a proposition, when one of the coun¬ 
cillors is absent; as the four councillors and the 
Superior General represent five votes, an uneven 
number, purposely to prevent the necessity of a 
casting vote being required. But as the case may 
present itself, the Sacred Congregation allows an 
extra vote in such cases to the Superiors. 

395. Elections shall only be held in a plenary 
meeting. 

A plenary meeting will prevent a parity of votes; 
no casting vote is allowed to the General in the case 
of elections. But it may happen that one of the 
councillors is unavoidably absent; what is then to 
be done? In that case only the Sacred Congrega¬ 
tion allows that the local Superior be called to the 
meeting to complete the number and avoid a parity 
of votes. Should there be a second councillor ab- 



218 hi. $att. i. 25 oofc. ^uperfottf in (Bntml 


sent, the Sacred Congregation allows that the Council 
elect a professed Sister with perpetual vows, who for 
this case only shall take part in the voting. 

396. The Superior General shall call a meeting of 
the General Council, whenever the affairs of the con¬ 
gregation demand. 

The constitutions should state the number of meet¬ 
ings and when they are to be held, but the Superior 
General may call an extra meeting when she deems 
one necessary. It will be well, when possible, to 
inform the councillors beforehand of the purpose of 
the meeting, that they may be prepared for the 
deliberations. 

397. The minutes of the meeting shall be kept by 
the Secretary General, who shall have no vote, ex¬ 
cept she be a member of the council. 

All the deliberations and decisions must be copied 
in a special register; the minutes are signed by the 
Superior and Secretary of the Council; and if the 
business is sufficiently important, the General may 
require the signature of all the councillors. It is 
a good idea to read the minutes at the following 
meeting. The councillors may demand a secret 
ballot for all important decisions. 




iv. Cfiap, W&z dBtnetal Council 219 


Art. III. Secretary General 

398. The Secretary General is elected by the Gen¬ 
eral Chapter to take charge of the archives, that is, 
all the acts and documents which concern the his¬ 
tory and administration of the congregation. 

The Secretary reports the minutes of the meetings; 
these reports must be correct or else the councillors 
have the right of refusing their signatures to them. 
She shall also keep the records concerning the admin¬ 
istration and the history of the congregation, except 
those of the financial administration, which shall be 
in the hands of the Treasurer General. It shall also 
be her duty to write all letters and acts, concerning 
the congregation, by command and in the name of 
the Superior General. She is bound to absolute 
secrecy in all business committed to her. 





CHAPTER V 

ADMINISTRATION OF PROPERTY IN CONGREGATIONS 
WITH SIMPLE YOWS 

Art I. Right of Possessing Temporal Property 

399. It is certain that communities or congrega¬ 
tions with simple vows, when established at least by 
episcopal authority, are ecclesiastical bodies and 
that, like all other societies, they have the right to 
possess temporal property, necessary to support them¬ 
selves and their works. This right does not proceed 
from the civil power. 

400. Inasmuch as they are ecclesiastical establish¬ 
ments, they must submit to the church laws con¬ 
cerning the administration of property. This is 
clear from a decision given to a Bishop by the Sacred 
Congregation of Bishops and Regulars, dated Novem¬ 
ber 15, 1852, and applying to a congregation not yet 
approved by the Holy See. 

401. The right of property does not belong to 
persons individually, not even when constituted in 

220 




v. Cfmp. jatunintetration of Property 221 


authority, nor to the Pope, who cannot dispose of the 
property at his pleasure, although he has supreme 
jurisdiction, and the right of government, which in 
other words is the right of supreme dominion entirely 
different from the right of property. This right be¬ 
longs to the various establishments, under the su¬ 
preme jurisdiction of the Pope. 

402. We find a proof of the above article in chap¬ 
ter II of session XXII of the Council of Trent, which 
declares that these properties and revenues belong 
to the churches and other establishments; the persons 
holding them are simply administrators. The Coun¬ 
cil of Trent, therefore, does not recognize other 
owners than the establishments themselves, whether 
the members be under simple or solemn vows, or 
even if no vows are made, provided that these estab¬ 
lishments have been authorized by the ecclesiastical 
authorities. 

But the ownership and administration of these 
properties are subject to the jurisdiction of the Pope, 
who can make special dispositions for safeguarding 
them, to which the establishments are obliged to 
submit. 





222 m. part. i. IBook. Superior* to (Emeral 


Art. II. Property of the Congregation and office of 
the Treasurers 

403. The Superior General has the right only to 
supervise the administration of the property. 

This provision reminds her that she is not the 
owner of the property, which must be used for the 
general and particular needs of the congregation, 
and never uselessly or in any way contrary to poverty, 
because the Superiors as well as the subjects are 
obliged to keep the vow, and practice the virtue of 
poverty. They cannot spend the revenues for uses 
not approved of, for instance, to provide for the 
wants of their respective families, to make presents 
to friends, or to buy for themselves or other religious 
superfluous things, but they are allowed to give 
alms, not only of superfluous but even of necessary 
things, according to circumstances. 

404. The Treasurer General administers the prop¬ 
erty belonging to the congregation, under the direc¬ 
tion of the Superior General. There may be other 
properties belonging to the provinces or to particular 
houses. (Can. 516 §2, 531.) 

The Sacred Congregation here confirms the gen¬ 
eral practice according to which the various prop¬ 
erties may belong to the institution in general, or 



v. C&ap. fttaninfetcatton of Ptopectp 223 


to provinces or to particular houses. These prop¬ 
erties are administered by the various Treasurers 
under the supervision of their respective Superiors. 

405. The Treasurer General is selected outside of 
the council by the Chapter General. She may be 
called to the General Council to give information or 
opportune advice. 

The election of the Treasurer General requires the 
same conditions for age and profession as that of the 
general councillors. 

406. In the house, in which the Superior General 
resides, there shall be a safe secured with three keys, 
of which the General, the first assistant, and the 
Treasurer shall each have one. 

This safe contains all the titles, obligations, values, 
and the money not used for current expenses; the 
Treasurer shall hold the money required for current 
expenses. The safe shall not be opened except in 
the presence of the three just mentioned; if one of 
them cannot be present, another religious should 
take her place, preferably one of the council. 

407. The Treasurer General shall keep a correct 
account of all incomes and expenditures. 

408. Every six months the Treasurer General shall 
produce her books and give an account of her admin¬ 
istration to the General. After verifying the accounts 




224 hi. part. i. Book. Suipertortf to (Brneral 


and the cash in hand, the accounts, if approved, 
shall be signed by the General and her councillors. 

The same applies to the administration of the 
property of a province. The Provincial Treasurer 
shall show her books every six months; after veri¬ 
fying them with her council, the Provincial shall 
then report the status of the province to the General. 

The local Superiors with their council shall every 
month examine the books of the Treasurer, and after 
verification sign them. Every house should have a 
safe, as provided in N°. 406. Every six months the 
local Superior shall give an account of the financial 
situation of her house to the Provincial, or if there 
are no provinces, to the General. These rules are 
strict, and their observance is necessary for a good 
financial administration; all the more so because a 
religious training is often not in that direction. 

409. Each house having a favorable balance of 
income over expenditure at the end of the year shall 
send the third part of it to the Provincial; and in like 
manner the Provincial shall send the third part of 
balance of the province to the General. 

Each house must bear its share of the general 
charges of the congregation; this share is fixed at 
the third part of its net profits. This point has 



v. CJap. fttmuntetration of Property 225 


been settled by the Sacred Congregation. The 
provinces and the houses may give more; the share 
as given by the Sacred Congregation constitutes the 
minimum. These funds will provide for the novi¬ 
ciate, juniorate, etc. It does not seem that the 
Superior General has the right to take the revenues 
of one house, to assist a poorer one, without the 
consent of the local Superior and her council, as each 
house owns and administers its own property. 

410. At the end of her term of office the Superior 
General must give to the chapter a correct account 
of her temporal administration and show the finan¬ 
cial situation of the congregation. 

The financial reports are made out by the Treas¬ 
urer General, and examined by the General Council 
before they are presented to the General Chapter. 
The General Chapter then appoints a commission 
of three, not members of the General Council, to 
examine the accounts and report to the chapter. 

Art. III. Alienation of Property 

411. The alienation of property belonging to a 
religious community or to a congregation requires 
the previous consent of the Holy See, in some cases. 

By alienation the law understands not only the 
transfer of direct dominion to another person, but 




226 hi. part. i. 25 ook. Suprast# m ©rnrral 


also every act transferring the indirect dominion, or 
the diminution of an acquired right, by which the 
property is depreciated. For the alienation of the 
property of congregations requires, as also for other 
acts of administration forbidden by the Sacred 
Canons, an apostolic indult or permission from the 
Holy See is required. The Holy See may give its 
consent in two different ways: 1°, by authorizing 
this or that particular alienation, for which good 
reasons have been produced; 2°, by granting a 
special indult either to the Superiors General or to 
the Bishops, allowing them for a certain time and 
for a certain amount to authorize alienations. 

The personal property of the religious is not 
subject to this restriction, unless it should have 
been directly or indirectly made over to the con¬ 
gregation. 

412. Property cannot be alienated at a less price 
than is indicated in the estimate. (Canon 1531 § 1 .) 

When an application is made to the authorities 
in Rome for permission to alienate property, a 
minimum estimated price must be given in the 
petition. Superiors should not rely upon themselves 
entirely in estimating the value of a property, but 
seek if possible the advice of competent persons. 



v. Cfiap. &tmuntetrat(on of Property 227 


When the application is granted, a higher price may 
be accepted, but the property cannot be disposed of 
at a less price than the estimated minimum. 

413. The alienation should be made by means of a 
public auction, or at least the sale should be well 
advertised, unless special circumstances suggest a 
different course. The property should be sold to the 
one who offers the highest price, all things being 
properly considered. (Canon 1531 § 2 .) 

The money realized from the sale should be securely 
and usefully invested for the welfare of the congrega¬ 
tion. (Canon 1531 § 3.) 

414. If precious objects or other property, the 
estimated value of which exceeds the sum of 30,000 
Francs, or offered for sale or to be alienated in any 
other form, the subsequent contract would be null 
and void, unless an apostolic indult had first been 
obtained. (Canon 534 , 1532 .) 

Precious objects are such as are of considerable 
value on account of their artistic design, rarity or 
antiquity, gold or silver vases, costly vestments, 
libraries, etc. In the petition sent to the Holy See 
to obtain an apostolic indult, true and serious motives 
must be given, such as, the needs of the congregation, 
or of a particular house, or the evident utility of the 
alienation. The Superior General cannot by herself 



228 in. J0att. i. Kook. Superior* in (general 


judge of these motives, she needs the consent of her 
council. The consent of the Superior General and 
her Council must be given in writing. The constitu¬ 
tions should contain the above dispositions. 

In diocesan congregations, the consent in writing 
of the local Ordinary is also required. Whenever an 
application to the Holy See must be made, it must 
be endorsed by the Ordinary. The capital con¬ 
stituting the dowries of the Sisters can never be 
alienated without the consent of the Holy See. 

415. The above regulations also apply to debts and 
other financial obligations. When they exceed the 
sum of 30,000 francs, an apostolic indult is necessary. 
If they do not exceed that sum, the Superior with her 
Council can allow them in writing. In the petition 
addressed to the Holy See for permission to contract 
debts or other financial obligations, exceeding the 
sum of 30,000 francs, any existing debts or obligations, 
by which the congregation, the province or the house 
is encumbered at the time of applying, must be ex¬ 
pressed; if that is neglected, the permission if granted 
is null and void. (Canon 534 .) 

416. If a congregation, a province, or a house 
contracts debts or obligations, even with the Superiors’ 
consent, it is separately responsible for them. (Canon 
536 § 1.) 

417. If an individual religious contracts debts or 
obligations, without any permission of the Superiors, 




v. c&ap. &bntintetratton ot ^topertp 229 


she alone is responsible, not the congregation, the 
province, or the house. (Canon 536 § 3 .) 

418. Superiors should be careful not to allow debts 
to be contracted, unless beyond a doubt the interest 
can be paid from the ordinary income, and that the 
capital can be refunded within not too long a lapse of 
years, by reserving part of the revenue for the sinking 
fund. (Canon 536 § 5 .) 

Contributions from the property of a congregation, 
a province, or a house are not allowed, except by 
way of alms, or for any other just cause and with the 
consent of the Superior, and according to rules laid 
down in the constitutions. (Canon 537.) 

Art. IV. Commercial Business 

419. Trading is forbidden to religious. 

By trading is here meant the buying of an object 
with the intention of selling it at a higher price, 
without having changed or improved it. It matters 
not whether they do it by themselves or have it 
done by others, as both are prohibited. In case 
even a religious inherited a business establishment, 
she could not continue the business, nor even leave 
her portion to the management of the co-heirs in 
order to share with them the profits. If immediate 
cessation of the business would cause considerable 





230 in. part. L Book. Superiors in (Enteral 


loss, the permission to continue for a while should 
be obtained from the Sacred Congregation of Regu¬ 
lars or from the local Ordinary. 

420. Religious should invest their funds so as to 
ensure a legitimate return, and not risk them in 
speculation. 

For the investment of money, the consent of the 
Ordinary is required in the following cases: 

1°. In diocesan congregations it is required for 
every investment. 2°. In approved congregations 
it is required when the money represents the dowries 
of the religious. 3°. It is also required if the money 
has been acquired from lands or legacies, left to a 
house for purposes connected with divine worship, 
or is to be spent in the place itself for charitable 
purposes. 4°. The Ordinary’s consent is required, 
whenever in the above cases a change of investment 
is to be made. 





C&apter VI 

;fltigtre0g of jftobtteg 



CHAPTER VI 

MISTRESS OF NOVICES 

421. The mistress of novices, who must be at 
least thirty-five years of age and ten years professed, 
is elected by the Superior General with her council. 

The years of profession also include those of 
temporary vows. The constitutions should specify 
what qualities are required of a mistress of novices 
and by whom she is to be appointed. Prudence, 
charity, piety and faithful observance of all re¬ 
ligious obligations should be the chief qualities 
of a good mistress. 

422. The removal of the mistress of novices rests 
with the Superior General and her council. 

The mistress of novices should be appointed for a 
certain length of time; serious reasons are required 
for her removal. 

423. As mistress of novices a religious should be 
elected who by her teachings and examples is qual- 

232 



vi. c&ap. S^istrtssa of iftobtcrg 233 


ified to train novices to the duties of their state. 

This principle is best explained in the words of 
Clement VIII in his constitution “Cum ad regularem” 
which apply also to the assistant mistress: “Both 
should be well instructed, and in as far as it may 
depend upon the discernment and zeal of Superiors, 
have led exemplary lives in the past, and besides be 
women of prayer and mortification, very prudent, 
charitable, serious yet affable, uniting zeal with 
meekness; be mistresses of their own souls and of 
all the movements of their hearts, so as to appear 
exempt from passions, especially of anger and re¬ 
sentment, so often opposed to the love of one’s 
neighbor and of one’s self. They should in all 
things give such good example that those under 
their charge may rather respect than fear them, and 
find nothing to criticise in their conduct.” The 
mistress of novices must have full authority in all 
that concerns the education of the novices, and the 
direction of the noviciate, without prejudice, how¬ 
ever, to the authority of the higher or local Superiors, 
who are entitled to oversee the discipline of the novi¬ 
ciate. The mistress of novices should give the ex¬ 
ample of obedience to Superiors, and keep them 
informed about the moral and disciplinary condition 




234 hi. part. i. ©ooft. Superiors* tn (Emeral 


of the noviciate. This in a manner will lessen her 
responsibility, and the advice of her Superiors will 
help her to discharge faithfully the difficult duties 
of her office. 

424. The mistress of novices should not be encum¬ 
bered with any other charge, preventing her from 
taking the proper care of the noviciate; she should 
not belong to the General Council. Whenever ques¬ 
tions affecting the novices or the noviciate are dis¬ 
cussed in the General Council, the mistress should 
be called to give her opinion and any information 
required. 

425. To the mistress of novices, an assistant may 
be given of at least thirty years of age, and five years 
of profession. 

The assistant is named by the same authorities 
as the mistress of novices; she must submit to her 
and be guided by her in her work for the novices. 






CHAPTER VII 

PROVINCES AND THEIR SUPERIORS 

426. An approved congregation cannot be divided 
into provinces without the consent of the Holy See. 
(Can. 494 § 1.) 

The Sacred Congregation is favorable to a division 
into provinces, when the spreading of the congrega¬ 
tion demands more than one noviciate, and renders 
the administration from one center too difficult. 
A request for a division must first be decided upon 
by the general council, and then be submitted for con¬ 
firmation to the Sacred Congregation. A province 
should consist of at least three houses. The Holy 
See reserves to itself the uniting of existing provinces, 
the changing of limits, the creation of new provinces 
and the suppression of existing ones. 

427. The appointment of a provincial and her 
council is made by the General Council. 

428. The administration of a province is framed 
after that of the congregation. It is proper that each 
province should have its own noviciate. 

235 



236 hi. part. I. 25 ooft. feuprriorg (it (Enteral 


The erection of a noviciate always requires the 
consent of the Holy See in approved congregations. 
The Provincial and her council admit the postulants 
to the habit and the novices to profession; but this 
admission must be confirmed by the General. Al¬ 
though the noviciates are dependent upon the pro¬ 
vincials, yet the appointment of the mistress of 
novices is made by the General and her council, 
unless otherwise provided for in the constitutions. 

429. The Superior Provincial shall visit the houses 
of her province at least once a year, and give an 
account of her visit to the Superior General. 





CHAPTER VIII 

LOCAL HOUSES AND THEIR SUPERIORS 

Art. I. Local Houses 

430. No house can be erected without the consent 
of the General and her council and the permission 
of the Ordinary. 

The General cannot act in this case independently 
of her council. The Ordinary’s permission in writing 
is required. 

431. In missionary countries no house can be 
erected without the previous consent of the Sacred 
Congregation of Propaganda. (Canon 497 § 1 .) 

Missionary countries are those subjected to the 
Sacred Congregation of the Propaganda. In these 
countries, for the erection of any religious house, 
whether of a diocesan or of an approved congregation, 
the consent of the Ordinary in writing should be ob¬ 
tained and then a petition sent to the Holy See. The 
permission to found a new house carries with it per¬ 
mission to exercise the pious works of the congrega- 
237 


238 hi. part. i. Book. Superiors in (Beneral 


tion, on the conditions that may have been added to 
the permission. But it does not necessarily imply 
the building of schools, hospitals or other institutions 
of that kind; the special written permission of the 
Ordinary is required and sufficient for that. To 
turn a house to different uses than those for which 
permission had been obtained, the above procedure 
is also required. The Apostolic Constitution, “Sa- 
pienti consilio,” of Pope Pius X withdrew all religious, 
as such, from the jurisdiction of the Propaganda 
and subjected them to the Congregation of Regulars. 
All questions concerning them, as religious, must 
be referred to the Congregation of Regulars, even 
in missionary countries. Since the above Constitu¬ 
tion went into effect, that is, since Nov. 3d, 1908, 
the following English speaking countries are no 
longer considered as missionary countries in the 
canonical sense: The United States, Canada, New¬ 
foundland, England, Ireland and Scotland. 

432. No new house should be erected without a 
convenient number of Sisters, who can be supported. 
(Can. 496.) 

The new Codex provides that six professed religi¬ 
ous at least constitute a formed religious house and 
it also provides that no new house should be erected, 
unless prudent judgment suggest that out of its 




vni. Cfmp. Eocal Ikou*** anu Superior* 239 


pwn income, or from ordinary alms, or from other 
sources the religious can be properly supported. 

433. 1°. A house of a diocesan congregation can¬ 
not be suppressed, except by the authority of the 
Ordinary, after hearing the Superior General, unless 
one house constituted the whole congregation, in 
which case the consent of the Holy See is required. 
A recourse may be taken to the Holy See, and pending 
the appeal the suppression could not take effect. 
2°. In approved congregations, a house may be 
suppressed by the Superior General with the consent 
of the Ordinary. 

Art. II. Local Superiors 

434. The local Superior must have made perpet¬ 
ual vows. (N. 311.) 

The Codex does not mention the age required; 
the constitutions should provide for that. 

435. Local Superiors should not be appointed for 
more than three years at the expiration of which they 
may be reappointed, if the constitutions allow; but 
they cannot be appointed for a third term in the same 
religious house. (Canon 505.) 

At the expiration of the three years the authority of 
the local Superior ceases, unless previously confirmed 
for another term or unless the constitutions, fore- 




240 hi. $atk I. Boofc. Superior* in ©metal 


seeing that the Superior General may omit to fill 
the vacancy, determine that the outgoing Superior 
shall act until the appointment of her successor. 
If the constitutions are silent on this point, the gov¬ 
ernment of the house passes into the hands of the 
assistant. 

To avoid troubles, the authentic letters of appoint¬ 
ment or of confirmation of a local Superior shall 
publicly be read to the religious of the community. 
In these points again the approved constitutions 
must be followed, even if they should deviate some¬ 
what from ordinary prescriptions. 

436. The local Superior, during her term of office, 
cannot be removed or transferred, except for serious 
reasons and with the consent of the General Council. 

When the constitutions fix the duration of office, 
a Superior is irremovable during that time. Great 
reasons are required for a removal or a transfer, 
such as: scandal given to the community; troubles 
caused by her severity or her weakness; notorious 
unfitness for the office. The decision rests with the 
Superior General and the General Council. If the 
constitutions determine no mode of procedure in 
such cases, the Superiors must act prudently and 
follow the prescriptions of the common law. 




viii. C&ap, Eocal ^otuettg and Superior* 241 


437. The local Superior has the authority which 
the constitutions allow her, and is not merely the 
representative of the Superior General. On the 
strength of this authority she can, in particular cases, 
dispense from the one or other article of the consti¬ 
tutions. 

The authority of the local Superior does not pro¬ 
ceed from a simple delegation of the General, but 
from the constitutions which determine its extent. 

438. The local Superior is assisted by two coun¬ 
cillors, named by the Provincial if the congregation 
is divided into provinces, or else by the General. 

No prescriptions determine the qualities re¬ 
quired of the councillors; the constitutions should 
provide. The local council treats all the important 
questions concerning the community, such as, 
approbation and verification of accounts, new con¬ 
structions or extensive repairs, appointment or 
removal of local officers; but all its decisions must 
be submitted to the Provincial or the General. 
If in a community there is no conventional chap¬ 
ter, the Superior will do well from time to time to 
communicate to the professed Sisters decisions 
made in the council; this seems proper to create 
harmonious feelings in the community. 




242 m. part, I. ©oofc. Superiors in (Bmeral 


439. All other officials of the house are appointed 
by the local Superior with her council. 

Formerly these appointments were often made by 
the Provincial or General; this rule of the Norrnae 
perfectly represents the jurisprudence in vogue in 
the Sacred Congregation, and appears more reason¬ 
able. If a local Superior is responsible for the gov¬ 
ernment of her community, she should be free to 
make the appointments. There is no objection, 
however, to the Superior communicating these ap¬ 
pointments to the Provincial or the General. 

440. The temporal administration is entrusted to 
a Treasurer, which charge cannot be combined with 
that of local Superior. 

The new Codex permits that the office of local 
Treasurer may be combined with that of local 
Superior, if necessity demands. 


Art. III. Sacristan and Portress 

441. The constitutions must explain the duties of 
these two officers in distinct chapters. 

In the chapter concerning the sacristan, the con¬ 
stitutions must mention what this official shall do 
or omit, but without inserting any ceremonies or 



vm. c&ap. itocal anti Superior* 243 


rites, and certainly nothing concerning the priest. 

The portress is obliged every night to bring the 
keys to the Superior; she may not call any one to 
the parlor, without the consent of the Superior, 
neither without the knowledge of the Superior may 
she act as intermediary between the Sisters and the 
outside world. This office should be entrusted to a 
person wise, discreet, and of mature age; she should 
have her room near the door to be able to answer 
calls promptly; she should be charitable to the 
visitors and especially to the poor. 


Directory — Book of Customs — Ceremonial 

442. In the course of this work we have often 
mentioned these three books in use in religious 
communities. Each congregation has its own, but 
all have this common feature, that they are added 
to the constitutions without sharing their authority 
or obligation. They are not approved by the Holy 
See, because they are subject to change according 
to time and place. They should contain details 
which cannot find place in the constitutions. These 
books are the Directory, the Book of Customs, and 
the Ceremonial. 




244 hi. part. i. Book. Superior* tit (general 


443. The Directory is generally a manual of theo¬ 
logical, moral, or ascetic observations, which show 
the religious the best way to perform their duty and 
practice the virtues of their state. It quotes by 
preference the counsels and exhortations of the 
founders or other members of the congregations, 
remarkable for their holy life. The Directory im¬ 
poses no other obligation than that common to all 
religious congregations of tending to perfection by 
the practice of the evangelical counsels, and the 
exact observance of the laws of God, the laws of the 
Church, and the constitutions. 

444. The Book of Customs is a manual of the cus¬ 
toms of a congregation in detail. It regulates the 
exterior acts of life, the different exercises and the 
time they are to take place, the various duties of 
the officers in the house, how they are to be carried 
out, the arrangement of the house, the method to 
follow in the works of the community; all this can 
only be done superficially in the constitutions. These 
customs may be different, according to times and 
places, and may be amended by the General Chapter 
which approves them, except on points settled by 
the constitutions. The Book of Customs does not 
bind in conscience. In diocesan congregations the 
Bishop approves the Book of Customs. 



vm. Cfmp. 2 tocaI ^ou*e* anti Superior* 245 


445. The Ceremonial is a manual of ceremonies, 
and of the different acts of religion performed by the 
members either in the choir or on special occasions, 
such as, taking the veil, profession, etc. In itself the 
ceremonial has no liturgical value, as it is not ap¬ 
proved by Rome; it must not clash with decrees of 
the Sacred Congregation of Rites and the ordinances 
of the Bishop. 

446. We will add a warning against false devo¬ 
tions, often found in manuals of prayer in use 
among communities. If the congregation has any 
special prayer-book, it should be inspired with the 
spirit of the Church, of its teaching and that of the 
doctors and authors renowned for their science, their 
wisdom and their piety. False mysticism and reli¬ 
gious sentimentality must be absolutely avoided. 
The chief place should be given to the liturgical 
prayers; new and scarcely authorized prayers should 
not be recognized. These prayer-books must be ap¬ 
proved by the Bishop before publication. Even 
for private devotion no prayers should be used 
which have not episcopal approbation. 




APPENDIX A 

CONSTITUTION “cONDITvE A CHRISTO ” 

Apostolic Constitution of our Holy Father Leo 
XIII, by Divine Providence Pope, concerning relig¬ 
ious congregations with simple vows. 

Leo, Bishop, servant of the servants of God, for 
a perpetual remembrance. 

The Church founded by Christ possesses by divine 
right such strength and fecundity that it has given 
birth in times past to a great number, and in the 
last century to a still greater number, of religious 
families of both sexes, who, pledging themselves by 
the sacrrd bond of simple vows, devote themselves 
holily to different works of religion and mercy. The 
greater number, urged onward by the love of Christ, 
have extended beyond the narrow limits of a city or 
of a diocese, and under common rule and government 
have formed themselves into perfect congregations 
and continue to grow. 

There are two sorts of congregations: the first 
246 



ftppmbte & 


247 


have obtained the approbation of Bishops only, and 
for that reason are called diocesan; the others have 
had besides this a decree of the Roman Pontiff issued 
in their favor, inasmuch as he has recognized their 
laws and statutes or granted them his recommenda¬ 
tion and approbation. It appears to some uncertain 
and controvertible what rights the Bishops should 
have over these two sorts of religious families and 
what reciprocally their duties should be towards the 
Bishop. In so far as diocesan congregations are 
concerned the question is not difficult to solve, 
because these have been established and exist by 
the sole will of the Bishop. But the question is far 
more serious when it concerns the congregations 
approved by the Holy See, because these extend to 
many dioceses, have the same laws and the same 
government, therefore with regard to these it is 
necessary that the Bishop's authority should be regu¬ 
lated and restricted within certain limits. What 
these limits should be may be gathered from the 
manner in which the Holy See generally approves 
similar associations, and which consists in approv¬ 
ing a congregation as a religious society with simple 
vows under the authority of a Superior General, 
without prejudice to the jurisdiction of the Ordina¬ 
ries, according to the sacred canons and the apostolic 



248 hi. pact. I. Boot Superior* in (Beneral 


constitutions. From this it is clear that such cannot 
be classed among the diocesan congregations, nor be 
subjected to the Bishops, except within the confines 
of each diocese, and without prejudice to the admin¬ 
istration and the direction of their Superior General. 
In same way, therefore, as the Superiors General 
of these societies are not allowed to trespass on 
the rights and the authority of their Bishops, so 
also the Bishops are forbidden to arrogate to them¬ 
selves the authority of these Superiors. If it were 
otherwise, these congregations would have as many 
Superiors as there are Bishops in whose dioceses 
the congregation has been established; this would 
put an end to unity of administration and of gov¬ 
ernment. It is necessary that the authority of the 
Superiors of these congregations and of the Bishops 
be concordant and unanimous, but to this end it 
is required that each one should know and respect 
in their integrity the rights of others. 

To effect this and to remove all controversy for 
the future, and in order that the authority of the 
Bishops, which We, as is just, desire to keep intact 
everywhere, may not suffer thereby, it has seemed 
necessary, after having taken the advice of the Sacred 
Congregation of Bishops and Regulars, to establish 
two chapters of regulations, the one treating of 




appenbfe a 


249 


those congregations which have not as yet obtained 
the recommendation or approbation of the Holy 
See, the other treating of those which have been 
recommended or approved, or whose statutes have 
been recognized by the Holy See. 

The first chapter lays down the following rules: 

I. It is the Bishop’s privilege not to receive into 
his diocese any newly founded congregation before 
he knows and has approved its rules and constitu¬ 
tions, after having convinced himself that they do 
not contain anything contrary to faith and good 
morals, nor to the sacred canons and the decrees of 
the Soveregin Pontiffs, and that they are conform¬ 
able to the purpose of the congregation. 

II. No house of a new congregation can legally 
be founded except with the assent and the approval 
of the Bishop. The Bishop shall not give permission 
to build without carefully ascertaining who the appli¬ 
cants are, whether their sentiments are upright and 
honest, whether they are gifted with prudence, and 
whether they are led by the zeal for God’s glory 
and the desire of their own salvation and that of 
their neighbor. 

III. Rather than found or approve a new congre¬ 
gation of some kind, the Bishop would do better to 
make choice of one that has already been approved 



250 hi. patt. i. ffioofe* fe>up*rfot0 in (Stnttal 


and which serves a similar purpose. Except, per¬ 
haps, in missionary countries, no new congregation 
should be approved which without any specified and 
proper purpose would embrace the practice of all 
kinds of works of piety or charity, however differ¬ 
ent they might be in themselves. 

The Bishops should not permit any new founda¬ 
tion unless it be provided with the necessary means 
of support for its members. They must be cautious 
and even reluctant in approving congregations which 
are to live on alms, or religious families of women who 
would wait on the sick in their homes day and night. 

If any new congregation of women proposes to 
open within its houses hospitals to receive men and 
women promiscuously, or asylums to receive sick 
priests to be nursed by the Sisters, the Bishops shall 
not approve such project but until mature and severe 
examination has been made. 

Moreover, the Bishops shall not permit religious 
women to open houses in which men and women 
from outside can find board and lodging for a mon¬ 
etary consideration. 

IV. No diocesan congregation can establish itself in 
another diocese without the consent of both Bishops, 
viz; of the diocese which it leaves, and of the diocese 
to which it goes. 




ftppentu* SI 


251 


V. If a diocesan congregation extends to other 
dioceses, nothing can be changed as to its nature, 
or its rules, except with the consent of all the 
Bishops in whose dioceses it has houses. 

VI. Congregations once approved should not be 
disbanded except for serious causes and with the 
consent of the Bishops to whom they are subjected. 
Separate houses, however, may be suppressed by 
the Bishops in their own dioceses. 

VII. The Bishop must be informed about each 
of the candidates who ask to be received, and also 
of those who are to be admitted to profession; it shall 
also be the Bishop’s duty to examine them, as is 
customary, and to receive them if there be no objec¬ 
tions. 

VIII. The Bishop has the power to dismiss pro¬ 
fessed Sisters of diocesan congregations and dispense 
them from their perpetual or temporary vows, ex¬ 
cept from the vow of perpetual chastity (at least by 
their own authority). Care, however, should be 
taken that by this dispensation there be no tres¬ 
passing on the rights of others, which would be the 
case if the Superiors were ignorant of the dispensa¬ 
tion or justly opposed to it. 

IX. The Superiors by right of the constitutions 
shall be elected by the religious. The Bishop, how- 



252 hi. J9art. i. Book, Superiors tit ©metal 


ever, either personally or by a delegate, shall preside 
at such election; he has full power to confirm or to 
annul the election according to the dictates of his 
conscience. 

X. The Bishop has the right to visit the houses 
of every diocesan congregation, and to inquire about 
the manner in which virtue is practiced, and disci¬ 
pline is observed, and to examine the accounts of 
the administration. 

XI. It is the Bishop’s right to appoint priests for 
the liturgical offices, also- as confessors and preachers, 
and to regulate the administration of the Sacraments 
for diocesan congregations as well as for the others; 
this point will be further explained in the following 
chapter (No. VIII). 

The second chapter of regulations, treating of 
congregations of which the Holy See has either 
recognized the rules, or recommended or approved 
the institution, lays down the following rules : 

I. It is the right of the Superiors of these congre¬ 
gations to receive novices, and to admit them to 
the habit or profession; the Bishop, however, 
retains the full right granted to him by the Coun¬ 
cil of Trent, to examine, ex-officio, candidates for 
the habit or for profession in congregations of women. 
The Superiors of these congregations have equally 



flppmtife & 


253 


the right to organize the individual houses, to dismiss 
novices and professed; in doing so they shall observe 
whatever the rules of the congregation or the pon¬ 
tifical decrees prescribe. The right to appoint to 
offices and charges, whether these regard the whole 
congregation or individual houses, belongs to the 
chapters and councils of each house. In congrega¬ 
tions of women, the Bishop, as Delegate of the Holy 
See, shall preside either by himself or a delegate 
over the chapters wherein these appointments are 
made. 

II. The right to dispense from vows, whether 
temporary or perpetual, is reserved to the Sovereign 
Pontiff. No Bishop has the right to modify constitu¬ 
tions after they have been approved by the Holy 
See. So, also, it is not permissible that Bishops 
change or limit the authority granted to Superiors 
by the constitutions, either to the Superiors of 
the whole congregation or to those of the separate 
houses. 

III. The Bishops have the right in their own dio¬ 
ceses to permit or to forbid the erection of new 
houses, also the erection of new churches by the 
congregations, the opening of public or semi-public 
oratories, the celebration of Mass in the private 
oratories, the public exposition of the Blessed Sacra- 



254 hi. part i. ffioofu fempmor* in (Bmeral 


ment to the veneration of the faithful. It belongs 
equally to the Bishops to prescribe solemnities and 
public prayers. 

IV. For houses of those congregations which have 
episcopal enclosure the Bishop’s rights, conferred 
upon them on this subject by the pontifical laws, 
remain intact. For those who have partial enclosure, 
as it is called, the Bishop must see that it is properly 
kept, and that in this respect no abuse creep in. 

V. The members of these congregations whether 
men or women are, inasmuch as the internal tribunal 
is concerned, subject to the authority of the Bishop; 
but where the external tribunal is concerned, they are 
subject to him only in what regards censures, reserved 
cases, dispensation of vows, not reserved to the 
Sovereign Pontiff, prescription of public prayers, 
dispensations and other concessions which the 
Bishops are entitled to grant their diocesans. 

VI. If religious ask to be promoted to sacred 
orders, the Bishop must take care not to ordain even 
those dwelling in his own diocese, except on the 
following conditions: that the candidates be pre¬ 
sented by their Superiors, that all the prescriptions 
of canon law in regard to dimissorial or testimonial 
letters be observed, that the candidate have a title 
for ordination, or be legitimately exempted from it, 



appenbte & 


255 


and that they have studied theology as provided in 
the Decree “Auctis admodum” of November 4,1892. 

VII. In regard to congregations living on alms, 
the Bishops retain the rights mentioned in the 
decree “Singulari quidem” promulgated by the 
Sacred Congregation of Bishops and Regulars on 
March 27, 1896. 

VIII. In spiritual matters, the congregations are 
subject to the Bishops in whose dioceses they are 
established. It belongs therefore to the Bishops to 
appoint and approve priests for saying Mass and 
preaching. In case of congregations of women, the 
Bishop shall appoint both the ordinary and extraor¬ 
dinary confessors according to the constitution “Pas- 
toralis Curse” of our predecessor Benedict XIV, and 
to the decree “Quemadmodum,” dated December 17, 
1890, of the Sacred Congregation of Bishops and 
Regulars; this decree applies to congregations of men 
whose members are not promoted to Holy Orders. 

IX. The administration of the property of each 
congregation rests with the Superior General and 
his or her council. The revenues of each house are 
to be administered by its particular Superior, accord¬ 
ing to the rule of each congregation. If funds have 
been given or left to a particular house with a view 
of providing for the needs of divine worship, or for a 



256 m. pact. I. Boofc. Superiors* in (Beneral 


local charitable work, the Superior of the house shall 
have the administration of such, but shall report to 
the Bishop and carry out his instructions if required. 
The Superior of the whole congregation shall not 
conceal or withhold any of these properties from the 
Bishop, nor apply them to other uses. The Bishop 
may examine, as often as he chooses, the accounts 
of receipts and expenditures of these properties; he 
shall also see that the capital is not decreased nor 
the interest spent inconsiderately. 

X. Wherever the congregations have the care of 
establishments, such as academies, hospitals, schools, 
asylums, these establishments are subject to the 
supervision of the Bishop in all that concerns the 
teaching of religion, good morals, the exercises of 
piety, the administration of the sacraments, whilst 
at the same time the privileges granted by the Holy 
See to such colleges, schools, and establishments 
remain intact. 

XI. In all the houses of congregations professing 
simple vows, the Bishop of the diocese has the right of 
visiting the churches, chapels, public oratories, places 
designated for the administration of the Sacrament 
of Penance, and to make regulations about them as he 
deems fit. In congregations of priests, the Superiors 
alone shall take cognizance of all that concerns 



flppentife ft 


257 


conscience, discipline, and the temporal administra¬ 
tion. In congregations of women or of men not 
admitted to the priesthood, the Bishop has the right 
to inquire whether discipline is kept according to 
the rule, whether sound doctrine and integrity of 
morals have suffered, whether the enclosure be vio¬ 
lated, whether the sacraments are frequently and 
regularly received. If the Bishop finds anything 
reprehensible, he shall not immediately come to a 
decision, but he shall warn the Superiors to take 
the proper steps; if they neglect to act, the Bishop 
shall take the necessary steps. In cases of greater 
importance, admitting no delay, the Bishop shall 
decide immediately, but he shall transmit his decision 
to the Sacred Congregation of Bishops and Regulars. 
The Bishop in his visitation shall chiefly make use of 
the rights which we have quoted above, with regard 
to schools, asylums, and other establishments men¬ 
tioned. In regard to the temporal administration 
in congregations of women or of men not admitted 
to holy orders, the Bishop shall not enquire except 
into the administration of funds and legacies, assigned 
to divine worship or to help the inhabitants of the 
place or of the diocese. By what We have decreed 
and sanctioned above We do not intend to derogate 
in any way from the faculties and privileges granted 




258 hi. patt. i. ©ook. feupetfot# in (General 


by Our decree or by any other decree of the Holy 
See, or confirmed by immemorial custom or of cen¬ 
turies, nor from those contained in the rules of a 
congregation approved by the Sovereign Pontiff. 

We decree that the present letters and all they 
contain shall never be censured or accused of altera¬ 
tion, interpolation, of difference of intention on Our 
part, or of any other defect, but shall always be valid 
and in full force, and shall be inviolably observed 
in court and out of court, by all persons, with what¬ 
ever dignity or pre-eminence they may be invested; 
we declare as null and void whatever is done to 
modify these presents, knowingly or unknowingly, 
by whomsoever, by whatever authority or under 
whatever pretext it may be; anything to the contrary 
notwithstanding. 

We order that copies of these letters, even printed, 
signed by the hand of Our notary and sealed with the 
seal of a man in ecclesiastical dignity, shall have the 
same credence as would be given to these documents, 
as an expression of our will, if they were shown. 

Given in Rome, at St. Peter's, the eighth day of 
December, in the year of Our Lord one thousand 
nine hundred, the twenty-third of our Pontificate. 

Card. Aloisi. Masella Pro. Dat. 

A. Card. Macchi 




APPENDIX B 

ON SOCIETIES OF MEN AND WOMEN LEADING 
A COMMUNITY LIFE WITHOUT VOWS 

1°. A society of women, the members of which 
imitate the manner of living of religious, in a com¬ 
munity under the direction of Superiors, according 
to approved constitutions, but are not bound by the 
three ordinary and public vows, is not properly a 
religion and the members cannot properly be called 
religious. Such societies may have pontifical ap¬ 
proval or be simply diocesan. (Canon 673.) 2°. In 

all that concerns the erection and suppression of 
such societies, or of their provinces or houses, the 
same dispositions apply as to religious congregations. 
(Canon 674.) 3°. The government of such societies 
is determined by their own constitutions, and for all 
that regards manifestation of conscience they come 
under the same dispositions as all other religious 
women. 

259 




APPENDIX C 

LIST OF QUESTIONS TO BE ANSWERED BY SUPERIORS 
GENERAL OF CONGREGATIONS PROFESSING SIMPLE 
VOWS IN THEIR QUINQUENNIAL REPORT TO THE 
HOLY SEE, ACCORDING TO THE INSTRUCTION 
ISSUED BY THE S. CONGREGATION OF RELIGIOUS 
ON THE 23rd MARCH, 1922. 

Preamble 

1°. Which decrees of approbation or of praise 
has the congregation received from the Holy See, 
and when? 

2. What is the end or particular scope of the 
Institution? 

3. Has the name of the Institution taken in 
the beginning, or the scope or the habit of the 
members undergone any change afterwards and 
by what authority? 

4. How many classes of members are there? 
What vows are made? 

5*. How many members have received the 
260 



ftppm&fe C 


261 


habit of the Institution since the beginning up 
to now, or at least in the last twenty years? 

6*. How many members have left the Institu¬ 
tion, from its foundation up to the present, or at 
least during the last twenty years, and how, dur¬ 
ing the noviciate, after the temporary profession, 
or after having taken perpetual vows? Have 
there been any fugitives or apostates and how 
many? 

7. When was the last report sent to the Holy 
See? 

I. About the Persons 
(a) About the Postulants 

8. How many postulants have been received 
since the last report? 

9. Were the testimonials required by the law 
obtained for each postulant, and especially testi¬ 
monial letters: 

**(a) for men in general 
**(£>) for clerics 

(c) for those (men or women respec¬ 
tively) who had been in a Seminary, 

* Questions or part of questions marked with one asterisk 
need only be answered in the first report after the promulga¬ 
tion of this Instruction; questions marked with two asterisks 
do not concern congregations of women. 



262 in. laart i. Book, Sttpraot# in (Bcntul 


a college, or as postulants or novices 
in another Congregation? Were these 
letters signed under oath? 

10. Have any special efforts been made pur¬ 
posely to draw members, and especially have the 
Superiors availed themselves of the newspapers 
for that purpose? 

11. Has sufficient information also been re¬ 
quested concerning their character and morals, 
whenever that was necessary or opportune? 

12. How often, and for which impediments or 
defects was a dispensation necessary, and by what 
ecclesiastical Superior was it granted? 

13. Have all those, for whom postulancy is pre¬ 
scribed, spent the time allotted in a house, in 
which the regular observance is kept? 

(b) About the Novices 

14. How many and which houses have a novici¬ 
ate; and was each one founded by authority of 
the Holy See? 

15. How many novices have received the habit 
of the Institution since the last report? 

16. How many are there at present in the 
noviciate? 



ftppnt&te C 


263 


17. Are the novices kept properly apart from 
the professed? 

18. Have all of them a complete copy of the 
Constitutions? 

19. Have all of them, before profession spent a 
whole and a continuous year in the house of the 
noviciate under the care of the mistress of novices. 

20. Is the mistress of novices free from all 
offices and charges, that may impede the care and 
the government of the novices? 

21. Has the time of the noviciate, beyond the 
term established in the Constitutions, been pro¬ 
longed or diminished, how much and by what 
authority? 

22. Have the novices applied themselves dur¬ 
ing the first year of the noviciate to exercises of 
piety only, or have they been put also to other 
works, and to what kind of works? 

23. Have the novices during the second year of 
the noviciate (when a second year is required), 
been sent to other houses and has the instruction 
of the S. C. of Religious of November 3, 1921, 
been observed? 

24. (In Congregations of Sisters ) Has the 
Bishop, or his delegate gratuitously enquired into 
the required disposition of the aspirant before 



264 m. }9art. i. 25oofc, Superiors* m (Beneral 


admission to the habit, to the first temporary 
profession and to the perpetual profession? 

25. Has the administration of personal prop¬ 
erty, and the disposition about its use and 
usufruct, been made before profession, whenever 
there was occasion for it, or otherwise been oppor¬ 
tunely provided for? 

26. Have the novices freely made, before tak¬ 
ing the temporary vows, a testament in regard 
to their present property, or property that may 
perhaps come to them? 

(c) About the Pro jessed Sisters 

27. How many members are there at present 
in the Congregation (a) with temporary vows; 
( b ) with perpetual vows? 

28. Have the temporary vows always been re¬ 
newed at the proper time? 

29. Have the members been admitted at the 
proper time to take perpetual vows at the ex¬ 
piration of the period of temporary vows? 

30 How many professed Sisters or novices have 
died since the last report? 



ftppentote C 


265 


(d) About the members who have left or have 
been dismissed 

31. How many have left the institution since 
the last report, 

(а) of the novices 

(б) of the professed sisters at the expira¬ 
tion of the temporary vows 

( c ) of the same while under temporary 
vows 

(d) of sisters after taking perpetual vows? 

32. Have the rules laid down in canon law and 
in the constitutions been always observed in dis¬ 
missing members, according to the diversity of 
cases? 

33. Has any one (except in the urgent cases 
mentioned in canons 653 and 668) been dismissed 
or left: 

(a) before confirmation of the sentence 
or of the decree by the Holy See was 
received, in the case of professed men 
under perpetual vows; or before re¬ 
ceiving the decision of the Holy See, 
in the case of professed Sisters under 
perpetual vows. 




266 in. tt i. ©oaft. &tip*rfot# (n CBmml 


( b ) pending the recourse to the Holy See 
in the case of members under tem¬ 
porary vows. 

(c) without previous dispensation from 
the vows taken, applied for by the 
religious herself. 

34. (In Congregations of Sisters ) Has to those 
who left for any cause whatsoever, the dowry, 
in whatever manner it was constituted, been re¬ 
turned entirely together with the furniture, which 
they brought to the Institution in the condition 
it was in at the time of their departure? 

35. Were to them, who had been received with¬ 
out a dowry, and who could not provide for them¬ 
selves from their own property, the necessaries 
charitably supplied, when they left the Congre¬ 
gation, so as to enable them to return home safely 
and conveniently, and to live honestly for some 
time? 

II. About the property 
(a) About the houses 

36. How many houses does the Institution 
possess, and in which dioceses are they located? 
Has the Institution any provinces, and if so how 
many? 



ftppentite C 


267 


37. Have any new houses been opened since 
the last report, and if so how many? Has the 
proper authorization been obtained for all, and 
has the mode of procedure prescribed by the 
constitutions been followed? 

38. How many members of the different classes 
are there in each house, and in what works have 
they been employed (in case the congregation 
has charge of different works) ? 

39. Has any house been suppressed since the 
last report and by whose authority? 

40. Has each member her own cell, or at least 
has each one in the common dormitory her own 
bed, properly separated from all others? 

41. Has a place with all necessary conveniences 
been set aside for the care of the sick? 

42. Are there a sufficient number of rooms for 
the reception of guests, and, as proper, apart from 
the religious community? 

43. (In Congregations of Sisters ) Has the 
dwelling of the chaplain, or of the confessor a 
separate entrance, and has it any communication 
with the Sisters' dwelling? 




268 hi. part. I. ©oofs. &upett0t0 in (Central 


(b) About Finances 

44. What has been the yearly income and ex¬ 
penditure since the last report: 

(a) of the Institution in general, ( b ) of 
each house in particular? 

45. Has the Institution in general or any indi¬ 
vidual house in particular acquired, since the last 
report, any new movable or immovable property, 
and what is its value? 

46. Has the money always been invested pro¬ 
fitably, yet honestly and safely? 

47. Has there been any loss of property or 
damage to property since the last report, how 
much and from what cause? 

48. Has any immovable property, or precious 
movable property been alienated, to what value 
or by what authority? 

49. Have they spent any of their capital? 

50. Are there any debts on the property in 
common, or on any house in particular, and to 
what amount? 

51. Has any new indebtedness been incurred, 
since the last report, how much and by what 
authority? 



ftppntbte C 


269 


52. Is the administration of the temporal 
property, of the whole congregation, as well as 
of each province and each house carried on 
through duly appointed procurators according to 
the sacred canons and the constitutions? 

53. Have the procurators, general and local, 
given a report of their administration at stated 
times; and have these reports been examined and 
approved in the manner prescribed? 

54. Are there any lawsuits pending about the 
property? 

55. Are the monies and other precious things 
carefully guarded according to the rules given on 
that subject and to prescriptions of the con¬ 
stitutions? 

56. Has any money or precious thing been 
accepted for safe keeping from lay people, and 
on what conditions? 

57. (In Congregations oj Sisters ) Have the 
dowries of the Sisters been invested safely and 
profitably, with the consent of the local Ordinary 
according to the canonical laws; has any part 
of them been used to cover expenses, how much, 
in what manner and by whose permission? 

58. Are there any pious legacies or foundations 
in the Institution, either for Masses to be offered 
or for works of charity, and which are they? 



270 m. pari- i. ffioofc- Superior# m ©enetal 


59. Have these obligations been faithfully 
carried out? 

60. Has the principal of these foundations been 
rightly invested, and is there an entirely sepa¬ 
rate account kept of it? 

61. Has an account of these foundations been 
rendered to the Bishop, as prescribed by the 
sacred canons? 

62. How much of the favorable balance of each 
house has been turned into the common treasury 
at the end of each year? 

63. Have all contributed their share willingly 
or unwillingly? 

64. Has the superior or treasurer any money, 
of which they can dispose, though for the welfare 
of the Institution, without rendering any account 
of it? 

III. About Discipline 
(A) About the religious life 

65. Are the spiritual exercises prescribed for 
each day, month, year or other stated times 
accurately performed in each house? 

66. Do all members hear Mass daily? 

67. Can all members be present at the common 
exercises, and are those who are sometimes ex- 



ftppen&te C 


271 


empted from the one or the other on account of 
domestic affairs, given time at least to perform it 
privately? 

68. Are the canonical decrees observed con¬ 
cerning: (a) not demanding a manifestation of 
conscience: (6) sacramental confession: (c) fre¬ 
quent Holy Communion. 

69. Are there confessors appointed according 
to law; what abuses, if any, have crept in, either 
on the part of the Superiors restricting the 
liberty granted by the law, or on the part of the 
subjects abusing the liberty permitted? 

70. Is the ordinary confessor in congregations 
of Sisters everywhere changed every three years 
or confirmed by lawful authority? 

71. Are the prescriptions concerning the en¬ 
closure in the part of the house reserved for the 
religious faithfully carried out? 

72. Are the Religious frequently given per¬ 
mission to go to the parlor, and are the Constitu¬ 
tions on that point observed? 

73. Do the Superiors give a companion to 
Religious leaving the house, outside the case of 
necessity? 

74. Are catechetical instructions given, as also 
pious exhortations to the lay religious, to the 



272 hi. part. i. Sooft. Superiors in (Bmeral 


pupils as also to the servants or those living in 
the house; in what manner and at what times 
are they given? 

75. Do the members give out any periodicals, 
or are they contributors to them; which are these 
periodicals; have in these as also in the editing 
of books the established laws been observed? 

76. Do the members use any books and which, 
either ancient or modern, even written by hand, 
edited with the permission only of the superiors 
of the Congregation? 


(B) About the observance of some special laws 

77. Are all the prescriptions concerning the 
General Chapter diligently observed; (a) in re¬ 
gard to the letters of convocation; (6) in regard 
to the election of delegates; (c) in regard to the 
election of scrutineers and secretary; ( d ) in re¬ 
gard to the election of the Superior General; 
( e ) in regard to the election of General Coun¬ 
cillors, Treasurer, and Secretary. 

78. Has perfect freedom been given to the 
members for writing and for receiving letters, 
which are exempted from the inspection of 
Superiors. 



&ppm&fe C 


273 


79. Has the law concerning the changes of 
Superiors after a certain lapse of time been faith¬ 
fully observed? Have any dispensations been 
obtained from this law, how many, and from 
whom? 

80. Have the Superior General, and the pro¬ 
vincial Superiors rightly performed the prescribed 
visitations of the houses? 

81. Have the Superior General and the pro¬ 
vincial and local Superiors called their councillors 
at fixed times, to treat with them of the business 
of the congregation, of the province, or of the 
house? 

82. Has due liberty been given to the coun¬ 
cillors in these deliberations? 

83. Have the elections in the General Council 
been made freely and according to the prescribed 
rules? 

84. Is common life in force everywhere? Have 
the Superiors, with the required motherly care, 
supplied all necessaries to the members, espe¬ 
cially with regard to food and clothing? Are 
there any among the members who procure these 
things for themselves from outsiders? 

85. Is the number of members in any place so 
inadequate, that they are overburdened with 
work, with serious detriment to their health? 



274 m. $ait. i. Boofe. fetipmot# fit (Central 


86. Is provision made that nothing be wanting 
to the sick of what they need, according to the 
proper condition of each one, and that their cor¬ 
poral and spiritual needs be relieved with due 
charity. 

**87. (In clerical congregations) How many 
years do students devote to the study: (a) of 
humanities; (b) of philosophy; ( c ) of theology? 
If the courses are followed at home, how many 
professors are assigned to each course? 

**88. Are to the students or even to the teachers 
other charges committed, that call them away 
from their studies? 

**89. Have all the students: (a) completed the 
whole course of studies before they leave the 
house of studies; ( b ) properly finished the 
studies respectively prescribed by the canonical 
laws before their promotion to the Holy Orders; 
(c) observed faithfully all other points demanded 
by the sacred canons for admission to Holy 
Orders (concerning the title of ordination, di- 
missorial letters, etc.)? 

**90. Has the law been kept requiring an exami¬ 
nation from priests, at least for five years? 

91. Has ever a business been carried on for¬ 
bidden by the sacred canons? or any art or in- 



ftppen&te C 


274a 


dustry that brings them in too frequent contact 
with outsiders? with what safeguard, both 
for the welfare of members devoting their 
time to them, and for the edification of out¬ 
siders? 

92. Do the Superiors endeavor to promote 
among their subjects knowledge and observance 
of the decrees of the Holy See, in so far as they 
concern religious? Have the decrees prescribed 
by the Holy See to be read, and also their own 
constitutions, been publicly read? 


(C) About the works oj the Congregation 

93. How many persons or classes of persons 
have been benefited by the works to which the 
members devote themselves according to the 
scope of their Institution? 

94. If the number of such persons has de¬ 
creased anywhere since the last report, give the 
reasons. 

(For congregations which collect alms from door 
to door ) 

95. (a) Is the right or the duty to collect alms 
from door to door clear and certain from the 
Constitutions? 




274b in. £att. i. JBook. &tip*rfor0 in (Bmeral 


( b ) Have the prescriptions of the sacred 
canons, and the decrees of the Holy 
See about that been observed faith¬ 
fully in all things? 

96. Have the Congregations of Sisters in their 
houses any hostelries or hospitals for all classes 
of persons, even of the other sex, and if so, with 
whose permission, and with what safeguards? 

97. Have the Sisters taken upon themselves 
the care of the domestic department in semi¬ 
naries, or any other houses of ecclesiastics, and in 
what manner? 

98. Do the Sisters practise any works of 
charity (such as taking care of infants, of con¬ 
finements or surgical cases) which appear im¬ 
proper to virgins consecrated to God and wearing 
the religious habit? 

99. Do the Sisters who wait on the sick in 
private homes always use the precautions pre¬ 
scribed by the Constitutions? 

100. Have the Superiors allowed Sisters to 
dwell in the houses of seculars and for how long? 
**101. (For congregations of men) Do they have 
under their authority or direct any Institute of 
Sisters as depending from or associated with 



&ppm&fc C 


274c 


them, directly or indirectly, and if so, by what 
authority? 

102. Has, since the last report, any new work, 
or rather any new kind of work been added to 
those already existing, and by what authority? 

103. Have any abuses crept into the congrega¬ 
tion, or the individual houses, and which? 

104. Are there any disputes or difficulties 
existing: (a) with the local Ordinaries; ( b ) with 
the confessors; (c) with the chaplains? 

105. (For lay congregations of both sexes ) 
Have they houses in which young men or young 
women respectively are received to dwell, who 
frequent public lay schools, in what places or 
what schools they go to, how and by whom is 
their religious instruction provided for? 

The answers to the above questions must be 
signed, after mature deliberation, not only by 
the Superior General, but also by each of the 
general Councillors or Assistants. In the case of 
a congregation of women, they must be signed 
also by the Ordinary of the place, in which the 
Superior General with her council resides. 

If any of these Councillors or Assistants deems 
it her duty to notify the Holy See of anything 




274d m. }9art. i. ©oofc. Superior* in ©enetal 


else of great importance, she can do so by a 
private and secret letter. But she must remem¬ 
ber her condition, and know that her conscience 
will be seriously burdened, if she presume to 
expose in these secret letters anything that de¬ 
viates from the truth. 






sw 23? 








DECREE 

QUEMADMODUM OF 17TH DECEMBER, 1890 

Just as it is the fate of human things, how praise¬ 
worthy and holy soever they may he in themselves, 
even so is it of laws wisely enacted, to he liable to he 
misused and perverted to purposes opposed and for¬ 
eign to their nature. Wherefore it sometimes happens 
that they no longer serve the purpose which the law 
makers had in view; nay, they sometimes even produce 
quite a contrary result. 

Much it is to he deplored that such has proved to he 
the case with the laws of several Congregations, Soci¬ 
eties, and Institutes, both of women who emit simple 
or solemn vows, and of men who hy their profession 
and discipline are merely laymen. For, inasmuch 
as occasionally their Constitutions permitted the mak¬ 
ing a manifestation of conscience, in order that thereby 
the members might the more easily learn, in their 
doubts, from experienced Superiors, how to walk in 
the path of perfection, it has happened, on the contrary, 
that some of the latter have introduced the practice of 
thoroughly inquiring into the state of their subjects' 
conscience, which is a thing reserved exclusively to the 
Sacrament of Penance. In like manner, and in con- 

Note.— The decree “Quemadmodum” need no longer to be 
inserted in the Constitutions or to be read. 

275 



276 


2D ttm 


formity with the prescriptions of the Sacred Canons, 
it was ordered that Sacramental Confession in all such 
communities should he made to the respective Ordinary 
and Extraordinary Confessors; while, on the other hand, 
the arbitrary conduct of some Superiors has gone so 
far as to refuse to their subjects an Extraordinary 
Confessor, even in cases where the conscience of the 
persons so refused stood greatly in need of such priv¬ 
ilege. These Superiors were given a rule of discretion 
and prudence for the purpose of enabling them to direct 
their subjects in a proper and right use of peculiar 
penitential exercises and other practices of piety; but 
this very rule, also, was so perverted by abuse that they 
(i the Superiors) took it on themselves to permit, at their 
pleasure, their subjects to approach the Holy Table, or 
even sometimes to forbid them Communion altogether. 
Hence it has happened that such regulations as these, 
established for the salutary and wise purpose of pro¬ 
moting the spiritual progress of members and fostering 
in communities the union growing out of peace and 
concord, have not unfrequently resulted in imperiling 
the salvation of souls, in deeply disturbing consciences, 
and, moreover, the disturbance of exterior peace, as it is 
most evidently proved by the appeals and complaints 
frequently made to the Holy See. 

Wherefore our Most Holy Father, Leo XIII., im¬ 
pelled by the peculiar solicitude for which he is dis¬ 
tinguished towards this most select portion of his flock, 
in the audience which he gave me, the Cardinal- 
prefect of the sacred Congregation of Bishops and 



flBtmnatimotium 


277 


Regulars, on the 14 th day of December, 1890, after 
carefully and diligently considering everything, has 
willed, determined, and decreed as follows: 

His Holiness annuls, abrogates, and declares of no 
force whatever, hereafter, all regulations whatsoever in 
the Constitutions of Pious Societies and Institutes of 
women who emit either simple or solemn vows, as well 
as in those of men of the purely lay order (even though 
the said constitutions should have received from the 
Holy See approbation in any form soever, even that 
which is termed most special), in this one point, in 
which these Constitutions regard the secret manifesta¬ 
tion of conscience in whatsoever manner or under what 
name soever. He therefore seriously enjoins on all 
Superiors, Male and Female, of such Institutes, Con¬ 
gregations, and Societies to absolutely cancel and 
expunge altogether from their respective Constitutions, 
Directories, and Manuals all the aforesaid regulations. 
Likewise, he declares whatsoever usages and customs in 
this matter, even such as are from time out of mind, to 
be null and void and to be abolished. 

He, moreover, forbids absolutely such Superiors, Male 
and Female, no matter what may be their rank and 
eminence, from endeavoring, directly or indirectly, by 
command, counsel, fear, threats, or blandishments, to 
induce their subjects to make to them any such mani¬ 
festation of conscience, and he commands these sub¬ 
jects on their part to denounce to the higher Superiors 
such as dare to induce them to make such manifesta¬ 
tions; and if the guilty one be the Superior General the 



278 


2D ttm 


denunciation should by them be made to this Sacred 
Congregation. 

This, however, in nowise hinders subjects from 
freely and of their own accord opening their hearts to 
the Superiors, for the purpose of obtaining from their 
prudence, counsel, and direction, in doubts and per- 
plexities, in order to aid them in acquiring virtues 
and advancing in perfection. 

Moreover, while the prescriptions of the Holy Coun¬ 
cil of Trent, Sess. 25, cap. 10, de Regul., retain their 
full vigor, as well as the decrees of Benedict XIV. of 
holy memory in the Constitution Pastoralis Curoe, 
His Holiness admonishes Prelates and Superiors not 
to deny their subjects an Extraordinary Confessor as 
often as the need of their conscience requires it, and 
without seeking to find out in any way the reason why 
their subjects made such a demand, or without showing 
that they resent it. And, lest so provident a disposi¬ 
tion as this should be made illusory, he exhorts the 
Ordinaries to name, in all localities of their dioceses, 
in which there are communities of women, well-quali¬ 
fied priests with the necessary faculties, to whom such 
Religious may easily have recourse to receive the Sac¬ 
rament of Penance. 

As to what regards either permission or prohibition 
to receive Holy Communion, His Holiness also decrees 
that such permission or prohibition belongs solely to 
the Ordinary or Extraordinary Confessor, the Superior 
having no right whatever to interfere in the matter, 
save only the case in which any one of their subjects 



flDuematimotmm 


279 


had given scandal to the community since his or her 
last confession, or had been guilty of some grievous 
public fault, and this only until the guilty one had 
once more received the Sacrament of Penance. 

All are hereby admonished to prepare themselves 
diligently and to approach Holy Communion on the 
days prescribed in their respective Rules; and when 
the Confessor may judge conducive to the spiritual 
advancement of any member to receive more frequently, 
he may give the needful permission. But whoever re¬ 
ceives from the Confessor the permission to receive 
more frequently or daily Communion is bound to inform 
the Superior of the same; should the latter think that 
he has just and serious reasons to oppose such frequent 
Communion, he is bound to make them known to the Con¬ 
fessor, in whose judgment he must absolutely acquiesce. 

His Holiness, furthermore, commands all Superior 
Generals, Provincial and Local Superiors of the Insti¬ 
tutes aforementioned, whether of men or of women, to 
observe zealously and accurately the regulations pre¬ 
scribed in the Decree under pain of incurring ipso 
facto the penalties decreed against Superiors who vio¬ 
late the mandates of the Holy See. 

He lastly commands that copies of this present De¬ 
cree, translated into the vernacular, shall be inserted in 
the Constitutions of the said pious Institutes, and that 
at least once in a twelvemonth, at a stated time in each 
house, either in the public Refectory, or in Chapter 
assembled for this special purpose, this Decree shall be 
read in a loud and intelligible voice. 



280 


SDtctte 


And thus hath His Holiness determined and decreed, 
notwithstanding all things to the contrary, even such 
as are worthy of special and individual mention. 

Given at Rome at the Secretariate of aforesaid S. 
Congregation of Bishops and Regulars, the 17th day of 
December, 1890. 

I. Card. Verga, Prefect. 

Fr. Aloysius, Bp. of Callinicum, Secretary. 

DECREE 

“SINGULARI QUIDEM” OF 27TH MARCH, 1896 

1. Worthy of special help and protection are those 
women, who, in pious and religious congregations, 
pledge themselves to God to practice far and wide for 
the good of the neighbor works of mercy, not only in a 
direct manner, but also by collecting alms in order to 
keep up these works, and thereby give an excellent proof 
of humility, patience, charity, and of other virtues. As, 
however, this office of collecting alms, owing to the fact 
that the collectors are women, and taking into con¬ 
sideration the present-day conditions of society, is not 
without danger, unless it be surrounded with proper 
safeguards, the Sacred Congregation of Bishops and 
Regulars, at the request of several Bishops, after diligent 
and mature consideration, has established and decreed 
as follows: 

2. I. In congregations under simple vows the Sisters 
should not undertake the work of collecting alms, if not 



fetoffulatf flQuitiem 


281 


in the spirit of faith, which tells them that they heg, not 
for themselves, hut for Christ Jesus Himself, keeping in 
mind His words: What you have done to one of my 
least brethren you Have done to me. Besides, they 
shoidd show to the Ordinaries of places, even when 
merely passing through their territories, deference, 
respect, and devotion, as to their fathers and protectors; 
they should go to them for advice, help, and protection, 
when in need. 

II. It is not allowed to these sisters under simple 
vows to collect either in the diocese in which they reside, 
or outside the same, without the permission of the 
Ordinary of the place of their respective residence. 

III. Before collecting outside of the diocese of their 
respective residence, they must also obtain permission 
from the Ordinary of the place in which they desire to 
collect. 

IV. Nothing, however, prevents Superiors without 
asking any permission, in order to relieve the needs 
of houses and works under their charge, from accepting 
the alms spontaneously offered from anywhere, or even 
solicit them by letter from respectable and benevolent 
persons as long as they are not forbidden to do so by 
their lawful superior for a reasonable cause. 

V. The Ordinary of the place, in which is located a 
house of sisters desiring to collect, shall not give them 
permission, 1, if he is not convinced of the needs of 
the house or of the pious work; 2, if the collection can 
conveniently be made by others to be designated by 
him. If the necessary funds can be provided by collectr 



282 


2D etm 


ing in the place in which the sisters reside, or within 
their own diocese, the Ordinary shall not permit them 
to collect alms outside of the diocese. 

VI. Both permissions shall he granted free and in 
writing; each Ordinary, taking into consideration cir¬ 
cumstances of place, time, and persons, may insert 
laws and conditions, which he judges opportune before 
God. The permission of the Ordinary of the commu¬ 
nity shall contain letters either of authorization to the 
pastors or other prudent persons, for the sisters collect¬ 
ing within the diocese, or of recommendation to the 
Ordinaries of other dioceses, for the sisters collecting 
outside their own diocese. In the letters of authoriza¬ 
tion he shall order the pastors or other respectable per¬ 
sons to aid the sisters with their advice and to the best 
of their ability, to watch their ways of acting, and to 
report to the Ordinary himself if they should learn of 
any lack of decorum on their part. In the letters of 
recommendation the Ordinaries of places are requested, 
each in his own diocese, to protect the sisters whom they 
allow to collect, and to help them as if they were their 
subjects. 

VII. No Ordinary shall allow sisters from another 
diocese to collect unless they first exhibit the permission 
of their own Ordinary. To sisters presenting this 
permission, he may, if he chooses, give his to collect in 
his diocese. But if the sisters, even when in possession 
of both permissions, should behave unbecomingly while 
collecting he shall order them home immediately and 
compel them by the proper means, if necessary. 



&ingttlari flDutoem 


283 


VIII. Superiors, especially outside of the place 
where they have a house, shall never send the sisters out 
collecting, except two and two, mature in years and mind, 
and that for not longer than a month within the diocese, 
nor more than two months outside the diocese, and 
they shall provide them with the necessary amount of 
money, so that, if compelled hy unforeseen circumstances, 
they may immediately return home. The sisters when 
out collecting shall always and everywhere show the 
proper spirit of modesty, shun familiarity with men 
and useless gossip, avoid noisy gatherings, taverns, 
and all other improper places, and not tarry longer 
in the houses than their mission requires. They shall 
never go alone nor separate from each other unless neces¬ 
sity compels. When traveling they shall go hy railroad, 
if it can conveniently he done; hut when possible 
they shall not leave one place nor arrive at another' during 
the night. They shall notify their coming to the person 
to whom the Bishop’s letter is addressed; and on their 
arrival they shall report to him and heg him to procure 
hospitality for them in some pious institution of women, 
or at least with some respectable woman, hut never in 
a house where they might he exposed to danger. They 
shall never omit their morning or evening prayers; 
every morning they shall go to one of the nearest churches 
to hear Mass; every week they shall go to Confession 
and Communion. Before sunrise or after sunset they 
shall not go from place to place to collect. When the 
time for collecting is passed, they shall without delay 
and by the shortest route return to their Superior. They 



284 


2D ttm 


shall never ask alms with arrogance, or as if due to them, 
hut after having briefly and humbly explained their 
needs and those of their pious works, they shall accept 
what is spontaneously offered to them; otherwise let 
them patiently trust in Divine Providence. They shall 
also carefully observe all other opportune directions 
given them by their Superior. 

Given at Rome at the Secretariate of the aforesaid 
S. Congregation of Bishops and Regulars, the 27 th day 
of March, 1896. 

I. Card. Verga, Prefect . 

A. Can. Boccafagli, Under-Secretary. 

DECREE 

SACRA TRIDENTINA SYNODUS OF 20TH DECEMBER, 1905 

The Council of Trent, having in view the unspeak¬ 
able treasures of grace which are offered to the Faithful 
who receive the Most Holy Eucharist, makes the follow¬ 
ing declaration: u The holy Synod would desire that at 
every Mass the Faithful who are present should com¬ 
municate not only spiritually, by way of internal affec¬ 
tion, but sacramentally by the actual reception of the 
Eucharist ” ( Sess. 22, cap. 6). Which words declare 
plainly enough the wish of the Church that all Chris¬ 
tians should be daily nourished by this Heavenly Ban¬ 
quet, and should derive therefrom abundant fruit for 
their sanctification. 

And this wish of the Council is in entire agreement 



feacta ^ritimtma fepnoDug 285 


with that desire wherewith Christ Our Lord was in- 
flamed when He instituted this divine Sacrament. For 
He Himself more than once, and in no ambiguous 
terms, pointed out the necessity of eating His flesh and 
drinking His blood, especially in these words: “ This is 
the bread that cometh down from heaven; not as your 
fathers did eat manna and are dead: he that eateth this 
bread shall live for ever” (John vi. 59). Now, from 
this comparison of the food of angels with bread and 
with the manna, it was easily to be understood by His 
disciples that, as the body is daily nourished with 
bread, and as the Hebrews were daily nourished with 
manna in the desert, so the Christian soul might daily 
partake of this Heavenly Bread and be refreshed thereby. 
Moreover, whereas, in the Lord’s Prayer, we are bidden 
to ask for 11 our daily bread,” the holy Fathers of the 
Church all but unanimously teach that by these words 
must be understood, not so much that material bread 
which is the support of the body, as the Eucharistic 
Bread which ought to be our daily food. 

Moreover, the desire of Jesus Christ and of the 
Church, that all the Faithful should daily approach 
the Sacred Banquet is directed chiefly to this end, that 
the Faithful, being united to God by means of the Sacra¬ 
ment, may thence derive strength to resist their sensual 
passions, to cleanse themselves from the stains of daily 
faults, and to avoid these graver sins to which human 
frailty is liable; so that its primary purpose is not 
that the honor and reverence due to Our Lord may be 
safeguarded, or that of the Sacrament may serve as a 




286 


2D ttm 


reward of virtue bestowed on the recipients (St. Augus¬ 
tine, Serm. 57 in Matt., de Orat. Dom., n. 7). Hence 
the holy Council of Trent calls the Eucharist 11 the anti¬ 
dote whereby we are delivered from daily faults and 
preserved from deadly sins ” ( Sess. 13, cap. 2). 

This desire on the part of God was so well understood 
by the first Christians, that they daily flocked to the 
Holy Table as to a source of life and strength. “ They 
were persevering in the doctrine of the Apostles, and 
in the communication of the breaking of bread ” (Acts 
ii, 42). And that this practice was to continue into 
later ages, not without great fruit of holiness and per¬ 
fection, the holy Fathers and ecclesiastical writers bear 
witness. 

But when in later times piety grew cold, and more 
especially under the influence of the plague of Jansen¬ 
ism, disputes began to arise concerning the dispositions 
with which it was proper to receive Communion fre¬ 
quently or daily; and writers vied with one another in 
imposing more and more stringent conditions as neces¬ 
sary to be fulfilled, the result of such disputes was that 
very few were considered worthy to communicate daily, 
and to derive from this most healing Sacrament its 
more abundant fruits; the rest being content to partake 
of It once a year, or once a month, or at the utmost, 
weekly. Nay, to such a pitch was rigorism carried, 
that whole classes of persons were excluded from a 
frequent approach to the Holy Table; for instance, 
those engaged in trade, or even those living in the state 
of matrimony. 



Sacra 'Jlrfticntfna Spnobtuei 


287 


Others, however, went to the opposite extreme. Under 
the persuasion that daily Communion was a divine 
precept and in order that no day might pass without 
the reception of the Sacrament, besides other practices 
contrary to the approved usage of the Church, they held 
that the Holy Eucharist ought to be received, and in 
fact administered it, even on Good Friday. 

Under these circumstances the Holy See did not 
fail in its duty of vigilance. For, by a decree of this 
Sacred Congregation, which begins with the words Cum 
ad aures, issued on the 12 th of February, a.d. 1679, 
with the approbation of Innocent VI., it condemned 
these errors, and put a stop to such abuses; at the same 
time declaring that all the Faithful of whatsoever 
class, merchants or tradesmen or married persons not 
excepted, might be admitted to frequent Communion, 
according to the devotion of each one and the judgment 
of his confessor. And on the 7th of December, 1690, 
by the decree of Pope Alexander VIII., Sanctissimus 
Dominus, the proposition of Baius, postulating a 
perfectly pure love of God, without any admixture of 
defect, as requisite on the part of those who wished to 
approach the Holy Table, was condemned. 

Yet the poison of Jansenism, which, under the pre¬ 
text of showing due honor and reverence to the Holy 
Eucharist, had infected the minds of even good men, did 
not entirely disappear. The controversy as to the dis¬ 
positions requisite for the lawful and laudable fre- 
quentations of the Sacrament survived the declarations 
of the Holy See; so much so, indeed, that certain theo- 



288 


2D ttm 


logians of good repute judged that daily Communion 
should he allowed to the Faithful only in rare cases, 
and under many conditions. 

On the other hand, there were not wanting men of 
learning and piety who more readily granted permis¬ 
sion for this practice, so salutary and so pleasing to 
God. In accordance with the teachings of the Fathers, 
they maintained that there was no precept of the Church 
which prescribed more perfect dispositions in the case 
of daily than of weekly or monthly Communion; while 
the good effects of daily Communion would, they alleged, 
he far more abundant than those of Communion re¬ 
ceived weekly or monthly. 

In our own day the controversy has been carried on 
with increased warmth, and not without bitterness, 
so that the minds of confessors and the consciences 
of the Faithful have been disturbed, to the no small 
detriment of Christian piety and devotion. Accord¬ 
ingly, certain distinguished men, themselves pastors 
of souls, have urgently besought His Holiness Pope 
Pius X. to deign to settle, by his supreme authority, the 
question concerning the dispositions requisite for daily 
Communion so that this usage, so salutary and so 
pleasing to God, might not only suffer no decrease 
among the Faithful, but might rather be promoted and 
everywhere propagated: a thing most desirable in 
these days, when religion and the Catholic faith are 
attacked on all sides, and the true love of God and genu¬ 
ine piety are so lacking in many quarters. And His 
Holiness, being most earnestly desirous, out of his 



&acra ®rilintttna fepnotiua 289 


abundant solicitude and zeal, that the Faithful should 
be invited to partake of the Sacred Banquet as often as 
possible, and even daily, and should profit to the utmost 
by Its fruits, committed the aforesaid question to this 
Sacred Congregation, to be looked into and decided 
once for all. 

Accordingly, the Sacred Congregation of the Council, 
in a plenary Session held on the 16 th of December, 
1905, submitted the whole matter to a very careful scru¬ 
tiny; and, after sedulously examining the reasons 
adduced on either side, determined and declared as 
follows: 

1. Frequent and daily Communion, as a thing most 
earnestly desired by Christ Our Lord and by the Catholic 
Church, should be open to all the Faithful, of whatever 
rank and condition of life; so that no one who is in 
the state of grace, and who approaches the Holy Table 
with a right and devout intention, can lawfully be hin¬ 
dered therefrom. 

2. A right intention consists in this: that he who 
approaches the Holy Table should do so, not out of 
routine, or vain glory, or human respect, but for the 
purpose of pleasing God, or being more closely united 
with Him by charity, and of seeking this divine rem¬ 
edy for his weaknesses and defects. 

3. Although it is more expedient that those who 
communicate frequent or daily should be free from 
venial sins, especially from such as are fully delib¬ 
erate, and from any affection thereto, nevertheless it is 
sufficient that they be free from mortal sin, with the 




290 


2D tent 


purpose 0 } never sinning mortally in future; and, if 
they have this sincere purpose, it is impossible but that 
daily communicants should gradually emancipate them¬ 
selves from even venial sins, and from all affection 
thereto. 

4. But whereas the Saci'aments of the New Law, 
though they take effect ex opere operato, nevertheless 
produce a great effect in proportion as the dispositions 
of the recipient are better; therefore, care is to be taken 
that Holy Communion be preceded by serious prepara¬ 
tion, and followed by a suitable thanksgiving accorded 
to each one’s strength, circumstances and duties. 

5. That the practice of frequent and daily Communion 
may be carried out with greater prudence and more 
abundant merit, the confessor’s advice should be asked. 
Confessors, however, are to be careful not to dissuade 
any one from frequent and daily Communion, provided 
that he is in a state of grace and approaches with a 
right intention. 

6. But since it is plain that, by the frequent or daily 
reception of the Holy Eucharist, union with Christ is 
fostered, the spiritual life more abundantly sustained, 
the soul more richly endowed with virtues, and an even 
surer pledge of everlasting happiness bestowed on the 
recipient, therefore parish priests, confessors and 
preachers — in accordance with the approved teaching 
of the Roman Catechism (Part ii, cap. 4, n. 60) — are 
frequently, and with great zeal, to exhort the Faithful 
to this devout and salutary practice. 

7. Frequent and daily Communion is to be pro- 



&acra 'flWtientfna 


291 


moted especially in Religious Orders and Congregations 
of all kinds; with regard to which, however, the decree 
Quemadmodum, issued on the 17 th of December, 1890, 
by the Sacred Congregation of Bishops and Regulars 
is to remain in force. It is also to be promoted espe¬ 
cially in ecclesiastical seminaries, where students are 
preparing for the service of the altar; as also in all 
Christian establishments, of whatever kind, for the 
training of youth. 

8. In the case of religious institutes, whether of 
solemn or simple vows, in whose rules or constitu¬ 
tions, or calendars, Communion is assigned to certain 
fixed days, such regulations are to be regarded as 
directive and not preceptive. In such cases the 
appointed number of Communions should be regarded 
as a minimum, and not as setting a limit to the devo¬ 
tion of the religious. Therefore, freedom of access to 
the Eucharistic Table, whether more frequently or 
daily, must always be allowed them, according to the 
principles above laid down in this decree. And in 
order that all religious of both sexes may clearly under¬ 
stand the provisions of this decree, the Superior of 
each house is to see that it is read in community, in the 
vernacular, every year within the octave of the Feast 
of Corpus Christi. 

9. Finally, after the publication of this Decree, all 
ecclesiastical writers are to cease from contentious 
controversies concerning the dispositions requisite for 
frequent and daily Communion. 

All this having been reported to His Holiness Pope 




292 


2D met 


Pius X. by the undersigned Secretary of the Sacred 
Congregation, in an audience held on the 17 th of Decern - 
her, 1905, His Holiness ratified and confirmed the 
present Decree and ordered it to be published, anything 
to the contrary notwithstanding. He further ordered 
that it should be sent to all local ordinaries and regular 
prelates, to be communicated by them to their respective 
seminaries, parishes, religious institutes, and priests; 
and that in their reports concerning the state of their 
respective dioceses or institutes, they should inform the 
Holy See concerning the execution of the matters therein 
determined , 

Given at Rome, the 20 th day of December, 1905. 

►J* Vincent, 

Card. Bishop of Palestrina, Prefect. 

Cajetan de Lai, Secretary. 

DECREE 

“cum de sacramentalibus” on 3d February, 
1913 

Whereas to present date many laws have been pro¬ 
mulgated, in various times and circumstances, to regu¬ 
late the sacramental confessions of Nuns and Sisters: 
therefore, it has now been determined to collect and 
coordinate all these laws, with some modifications, in 
one Decree of the following tenor, to wit: 

1. To each house of Nuns or Sisters there shall 



Cum Hr &actatmntaltbu$ 


293 


usually be assigned only one ordinary confessor; un¬ 
less the great number of Religious, or some other just 
motive, necessitate the appointment of two or more. 

2. The ordinary confessor should not, as a rule, 
hold this office for more than three years. The Bishop 
or the ordinary, however, may reappoint him for a 
second or even third term of three years: 

(a) if through lack of priests suitable for this duty 
he cannot otherwise provide; or 

(b) if by secret ballot a majority of the Religious 
(counting also those who in other matters have no right 
to vote) request his retention. But the dissentients must 
be provided for in some other way if they so desire. 

3. Several times every year an extraordinary con¬ 
fessor must be given to each religious house. All the 
Religious must appear before this extraordinary con¬ 
fessor, at least to receive his blessing. 

4. For each religious house the ordinary will assign 
several priests whom each Religious in particular cases 
can easily send for to hear their confessions. 

5. If •any Religious, for the peace of her soul or 
greater progress in spiritual perfection, ask for a special 
confessor or spiritual director, the ordinary has 
readily to grant her demand. The ordinary, however, 
will see to it that abuses do not arise from such conces¬ 
sion; and if abuses should come, let him cautiously 
and prudently remove them, always safeguarding 
liberty of conscience. 

6. If the house of Religious is subject to the ordi¬ 
nary of the place, he is to choose both the ordinary 



294 


Decree 


and extraordinary confessor; but if the convent is subject 
to a Superior who is a Regular, then this Superior will 
present priests for the office of confessor to the ordi¬ 
nary of the place, to whom it belongs to grant them the 
power of hearing confessions. 

7 . For the office of confessor (whether ordinary, 
extraordinary or special) priests may be chosen from 
the secular, or {with the permission of their Superiors), 
from the regular Clergy, provided that in neither case 
they have power in foro externo over these same Religious. 

8 . These confessors should have completed their 
fortieth year and be distinguished for prudence and 
integrity of life. But the ordinary may, through a 
just motive and on his own responsibility of conscience, 
delegate for this office priests who have not yet reached 
the age specified, provided that they have the other 
aforementioned requirements. 

9 . The ordinary confessor may not be appointed 
an extraordinary confessor; nor may he, except as 
provided in Article 2 of this Decree, be reappointed as 
ordinary confessor in the same house, until one year 
has elapsed from the expiration of his term of office. 
An extraordinary confessor, however, may be imme¬ 
diately appointed to the office of ordinary confessor. 

10 . All confessors of Nuns or Sisters must be very 
careful not to mix in the external or internal govern¬ 
ment of the community where they hold office. 

11 . If any Religious request an extraordinary con¬ 
fessor, no Superioress may, either personally or through 
others, either directly or indirectly, enquire into the 



Cum tie feacramentaUbugf 


295 


reason of the request, or refuse the petition by word 
or deed, or in any way show that she tolerates it unwill¬ 
ingly. Should a Superioress fail in this regard, let 
her own ordinary admonish her; and upon a second 
offence let him depose her, after having first consulted 
the sacred Congregation of Religious. 

12 . The Religious are forbidden to talk among them¬ 
selves in any way about the confessions of their com¬ 
panions in Religion, or to criticise those Sisters who 
confess to one other than the designated confessor. 
In case they violate this prohibition, they must be pun¬ 
ished by the Superioress or the Ordinary. 

13 . If the special confessors called to a monastery 
or religious house perceive that the Religious have no 
just reason of necessity or spiritual profit to demand 
special confessors, let said confessors dismiss the 
Religious prudently. All Religious are also admonished 
to use this privilege of asking for a special confessor 
only for their spiritual good and greater progress in 
religious virtues, apart from all human considerations. 

14 . When Nuns or Sisters are outside their own house, 
no matter what the reason, they may confess in any church 
or oratory, even semi-public, to any confessor approved 
for both sexes. The Superioress may not forbid this, or 
enquire about it, even indirectly, and the Religious are 
not bound to mention the fact to their Superioress. 

15 . Any Nun or Religious, when seriously siek, 
although not in danger of death, may call any priest 
approved for hearing confessions, and she may confess 
to him as often as she wishes during this serious illness. 



296 


2D met 


16. This Decree must he observed by all religious 
families of women, whether of solemn or simple vows, 
or Oblates or other pious communities not bound by 
vows, even though the Institute be merely diocesan. 
This Decree also binds communities under the juris¬ 
diction of a Prelate Regular; and if he does not see to it 
that his subjects faithfully obey this Decree, the Bishop 
or ordinary of the place shall himself, as a Delegate 
of the Apostolic See, enforce its observance. 

17. This Decree must be added to the rules and con¬ 
stitutions of each and every religious family of women 
and publicly read in the vernacular once a year in a 
chapter of all the Religious. 

Therefore our Holy Father, Pope Pius X, having 
heard the mind of their Eminences the Cardinals of the 
Sacred Congregation of Religious, assembled in plenary 
Congress at the Vatican the thirty-first day of January, 
1913, has deigned, after the report of the undersigned 
Secretary, to approve and confirm this Decree in all 
its parts and to order that it be published and faithfully 
observed in the future by all whom it concerns. 

All dispositions whatsoever, even though worthy of 
special and individual mention, to the contrary not¬ 
withstanding. 

Given at Rome, from the Secretariate of the Sacred 
Congregation of Religious, the third day of February, 
1913. 

L S. Fr. J. C. Card. Vives, Prefect. 

Donatus, Archb. of Ephesus, Secretary. 




QUINQUENNIAL REPORTS 

The Codex of Canon Law provide that ap¬ 
proved religious congregations must report to the 
S. Congregation of Religious every five years or 
oftener, if their constitutions so prescribe. By a 
decree, approved by Pope Pius XI on February 25, 
1922, and promulgated in the official organ of the 
Holy See March 15, 1922, the S. Congregation of 
Religious orders as follows: 

1°. Five years is the fixed and common period 
for all religious to begin with January 1, 1922. 

For congregations of women, having their 
mother-house or the residence of the Superior 
General in the countries named below, the follow¬ 
ing years are indicated, beginning with 1923: 

First year — for Italy, Spain and Portugal. 

Second year — France, Belgium, Holland, Eng¬ 
land, Ireland. 

Third year — for all other countries of Europe. 

Fourth year — for both North and South 
America. 


296a 


296b 


flBuinq umnial Ktportg 


Fifth year — for all other parts of the world, 
and also for all societies of women, leading a 
community life like religious, but without vows 
or with only private vows. 1 

2°. Congregations that should have sent in 
their reports during the five years preceding 1923, 
are excused from reporting again between 1923 
and 1927, but must thereafter report in the year 
indicated for them. 

3°. In making their report the congregations 
must answer faithfully the questions, now brought 
by the S. Congregation of Religious in conformity 
with the Codex. 

4°. General Superiors of Congregations or of 
societies living in community, like religious, and 
who were not obliged to report before thejpro¬ 
mulgation of the Codex, until the S. Congregation 
should provide otherwise, are now in conscience 
obliged to send a correct and faithful account of 
such description as may appear appropriate to 
the nature of their Congregation, yet so that the 
Holy See may obtain thereby full knowledge of 
the material, moral and disciplinary state of the 
Congregation. 

1 Congregations of Brothers must report in 1926 and every 
five years after that. 




flQtunquennial IBUportg 


296c 


The first report should preface its remarks 
about the actual state of the Congregation with 
an historical notice about its founding, especially 
in so far as its approval by the Holy See and its 
present Constitutions are concerned. It should 
also explain the internal form of government, the 
nature of the vows, any changes that may have 
been made in the above, any relaxation in the 
Rule and by what authority that was effected. 

If any Congregation had its constitutions re¬ 
vised or approved by the Holy See since the pro¬ 
mulgation of the Codex, and if they provide for a 
more frequent report, this stipulation continues 
in force, the present decree notwithstanding. 

On March 6, 1922, the S. Congregation of Re¬ 
ligious defined that foundresses of religious Con¬ 
gregations or of pious Societies, leading a com¬ 
munity life, like religious, if they are Superiors 
General of their Congregation have no right to 
that office for life, if the Constitutions determine 
the duration of that office, and forbid the reelec¬ 
tion of the same person beyond a certain limit. 










3nDes 

PAGE 


Preface. 5 

Book I 

Foundation — Approbation of congregations with simple 

vows and of their constitutions and their suppression 9 

Chapter I. Preliminary. 9 

Art. I. Meaning of the words: State, Order, Congregation 

or Institute, Rule and Constitutions. 9 

Art. II. Different classes of congregations with simple 

vows. 10 

Chapter II. Foundation — Approbation — Extension to 
other dioceses and suppresson of a diocesan congrega¬ 
tion . 12 

Art. I. Foundation and approbation of a congregation... 12 

Art. II. Expansion of a diocesan congregation into various 

dioceses. 18 

Art. III. Suppression of a diocesan congregation. 19 

Chapter III. Conditions requisite for application to the 
Holy See for approbation of a congregation with 

simple vows and of its constitutions. 22 

Art. I. Conditions required on the part of the congregation 22 
Art. II. Conditions required on the part of the constitu¬ 
tions . 23 

Sec. 1. Necessary documents. 23 

Sec. 2. Plan to follow in framing the constitutions. 26 

Sec. 3. Qualities of the documents. 27 

Sec. 4. Defects to be avoided in the compilation. 28 

297 

















298 


Jitbei 


Sec. 5. Title of the institution. 31 

Sec. 6. The habit. 32 

Art. III. The purpose of the institution. 33 

Art. IV. The members of the congregation. 35 

Chapter IV. The divers stages of pontifical approbation . 38 

Art. I. Decree of praise. 38 

Art. II. Decree of approbation of the institution. 39 

Art. III. Approbation of constitutions by way of experi¬ 
ment . 41 

Art. IV. Final approbation of the constitutions. 42 

Chapter V. Of congregations who will have difficulty or 

even fail in obtaining approbation. 43 

Chapter VI. The suppression of a congregtaion approved 

by the Holy See. 46 

Book II 

Entrance into a congregation of simple vows and noviciate 48 

Chapter I. Entrance. 48 

Art. I. Admission of postulants. 48 

Art. II. The postulants. 53 

Chapter II. The noviciate. 56 

Art' I. Conditions required for entrance into the noviciate 56 

Sec. 1. Canonical age. 56 

Sec. 2. The examination of postulants. 56 

Sec. 3. The right to admit into the noviciate. 57 

Sec. 4. The dowry of a religious. 58 

Art. II. Canonical conditions for the noviciate. 61 

Sec. 1. Duration of the noviciate. 61 

Sec. 2. The place of the noviciate. 66 

Sec. 3. Discipline and exercises of the noviciate. 67 

Sec. 4. Disposition of property. 70 

Book III 

Profession and the obligations it imposes. 71 

Chapter I. The vows in general. 71 





























Intjci 


299 


PAGE 

Art I. Preparation for profession. 71 

Art. II. Number and duration of vows. 71 

Art. III. General remarks about the vows. 73 

Chapter II. Profession . 75 

Art. I. Nature of profession. 75 

Art. II. Conditions required for the validity of the 

profession.*. 76 

Art. III. Ceremonial and formula of profession. 77 

Art. IV. Renewal of vows . 80 

Art. V. Invalid profession . 81 

Art. VI. Profession at the point of death . 83 

Art. VII. Effects of profession. 84 

Chapter III. Obligations flowing from the very nature of 

the religious state. 87 

Art. I. Obligation to tend towards perfection. 87 

Art. II. Obligation of observing the constitutions . 88 

Art. III. Obligation to persevere in the religious state 89 

Chapter IV. About leaving the congregation. 91 

Art. I. Lawful egress. 91 

Sec. 1. Joining another congregation. 91 

Sec. 2. Dispensation of vows . 92 

Sec. 3. Secularization . 93 

Art. II. Illicit egress. 95 

Art. III. Necessary egress. 96 

Sec. 1. Dismissal. 96 

Sec. 2. Violent dispersion . 100 

Chapter V. Obligations following the vows . 102 

Art. I. Of the vow and of the virtue of poverty. 102 

Sec. 1. Definition and object of the vow of poverty- 102 

Sec. 2. The simple vow of poverty. 103 

Sec. 3. Practice of individual poverty. 103 

Sec. 4. Practice of the vow of poverty in community- 106 

Sec. 5. The permission of the superior . 107 

Sec. 6. Sin against the vow of poverty . 109 

Art. II. The vow and the virtue of chastity . 110 



































300 


3lntiej 


PAGE 

Art. III. The vow and the virtue of obedience. Ill 

Chapter VI. Obligations imposed by the ecclesiastical laws 117 

Art. I. Enclosure. 117 

Chapter VII. Common exercises of piety. 120 

Chapter VIII. Mortification and penances . 122 

Chapter IX. Secondary means to preserve discipline and 

fervor . 124 

Chapter X. The sick. 127 

Chapter XI. Suffrages for the dead . . 129 

SECOND PART 

Exterior government of congregations with simple vows 131 
Book I 

The authority of the Holy See. 131 

Chapter I. Authority of the sovereign pontiff. 131 

Chapter II. Authority of the Roman congregations. 133 

Chapter III. The cardinal protector. 135 

Book II 

Authority of bishops over religious congregations. 137 

Chapter I. Rights of the bishops in the government. 137 

Art. I. Election of superiors. 137 

Sec. 1. Diocesan congregations. 137 

Sec. 2. Non-diocesan congregations. 138 

Art. II. Canonical visitation by the bishop. 139 

Sec. 1. Diocesan congregations. 139 

Sec. 2. Non-diocesan congregations . 141 

Chapter II. Rights of the bishop concerning the temporal 

administration. 144 

Art. I. Administration of the property. 144 

Sec. 1. Diocesan congregations .. 144 

Sec. 2. Non-diocesan congregations. 145 

Art. II. Administration of property pertaining to divine 

worship or works of charity . 145 




























jJndct 


301 


PAGE 

Chapter III. Rights of the bishop in spiritual matters 148 

Art. I. General principles. 148 

Art. II. Worship. General principle . 143 

Sec. 1. Opening of churches, chapels, and oratories. 149 

Art. III. Administration of the sacraments. 150 

Sec. 1. Baptism and confirmation . 150 

Sec. 2. Eucharist. 150 

Sec. 3. Penance . 152 

Sec. 4. Manifestation of Conscience. 158 

Sec. 5. Extreme Unction and funerals. 164 

THIRD PART 

Interior government of congregations with simple vows 169 

Book I 

The superiors in general . 169 

Chapter I. General rights of superiors. 169 

Art. I. Right of domination. 169 

Art. II. Right to command. 171 

Art. III. Restraining power. 173 

Chapter II. General chapter. 174 

Art. I. Convocation of the general chapter. 174 

Art. II. Members composing the general chapter . 176 

Art. III. Elections to be made at the general chapter . .. 178 

Sec. 1. President, scrutineers, and secretary of the chapter 178 

Sec. 2. Election or re-election of the superior general- 181 

Sec. 3. Election of assistants or councillors, of secretary 

and treasurer general. 189 

Art. IV. Business to be transacted in the general chapter 191 

Art. V. Provincial chapter . 194 

Chapter III. The superior general. 196 

Art. I. Duties and rights of the superior general. 196 

Art. II. Canonical visitation. 200 

Art. III. What the superior general cannot do. 208 

Art. IV. Resignation or removal of the superior general... 210 


























302 


Jttoei 


PAGE 

Chapter IV. The general council . 212 

Art. I. The councillors . 212 

Art. II. Matters to be treated in the general council ... 215 

Art. III. Secretary general . 219 

Chapter V. Administration of property in congregations 

with simple vows. 220 

Art. I. Right of possessing temporal property. 220 

Art. II. Property of the congregation and office of the 

treasurers . 222 

Art. III. Alienation of property . 225 

Art. IV. Commercial business. 229 

Chapter VI. Mistress of novices. 232 

Chapter VII. Provinces and their superiors. 235 

Chapter VIII. Local houses and their superiors . 237 

Art. I. Local houses . 237 

Art. II. Local superiors . 239 

Art. III. Sacristan and portress. 242 

Directory — Book of Customs — Ceremonial . 243 

Appendix A. Constitution “Conditse a Christo" . 246 

Appendix B. On societies of men and women leading a 

community life without vows . 259 

Appendix C. List of questions to be answered by supe¬ 
riors general of congregations professing simple vows in 
their report to the Holy See. Preamble. 260 

I. About the persons . 261 

(a) About the postulants . 261 

( b ) About the novices. 262 

(c) About the professed sisters. 264 

( d ) About the members who have left or have been dis¬ 
missed . f 265 

II. About the property. 266 

(a) About the houses. 266 

( b) About finances. 268 

III. About discipline. 270 

(a) About the religious life . 270 

(b) About the observance of some special laws. 272 

(c) About the works of the congregation. 274a 


































Jntje* 


303 


DECREES 

PAGE 

Singulari Quidem. 275 

Sacra Tridentina Synodus . 284 

Gum de Sacramentalibus. 292 

Quinquennial Reports. 296a 










I 



































































































































































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